Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | FOX Ashley ( ECR) | PIETIKÄINEN Sirpa ( PPE), SCHALDEMOSE Christel ( S&D), CREUTZMANN Jürgen ( ALDE), RÜHLE Heide ( Verts/ALE), SALVINI Matteo ( EFD) |
Committee Opinion | CULT | BELET Ivo ( PPE) | Olga SEHNALOVÁ ( S&D), Hannu TAKKULA ( ALDE) |
Committee Opinion | ITRE | ||
Committee Opinion | ECON | ||
Committee Opinion | LIBE | ||
Committee Opinion | JURI | BORYS Piotr ( PPE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
- 1.20.09 Protection of privacy and data protection
- 2.40 Free movement of services, freedom to provide
- 2.70.02 Indirect taxation, VAT, excise duties
- 3.30.05 Electronic and mobile communications, personal communications
- 3.30.25 International information networks and society, internet
- 4.10.13 Sport
- 4.60.02 Consumer information, advertising, labelling
- 4.60.06 Consumers' economic and legal interests
- 7.30.30.06 Action to combat economic fraud and corruption
Events
The European Parliament adopted by 572 votes to 79, with 61 abstentions, a resolution on online gambling in the internal market.
Parliament stresses that gambling is not an ordinary economic activity. Given the special nature of the online gambling sector, the protection of human health and consumers should be the main guiding principle when EU-level recommendations and national legislation are made. In this context, Parliament considers that, in order to ensure a high level of consumer protection, in particular for those consumers who are the most vulnerable , it is appropriate to ensure a fair and legal offer of gambling services defined by each Member State in compliance with Union law might. It warns that gambling can lead to dangerous addiction, which is an issue that would need to be addressed in any legislative proposal for the sake of consumers .
The resolution calls for a series of actions from Member States and the Commission, as appropriate, to:
· take action against illegal gambling offered from within Member State territories;
· ensure a high level of consumer and health protection in the Union;
· continue to explore measures at EU level to protect vulnerable consumers ;
· oblige operators working with a licence from the Member State to carry the logo, trustmark of the regulatory authority in a prominent fixed position on its website;
· stop the practice whereby companies based in one Member State market online-gambling services – for example via satellite-TV or advertisement campaigns – in another Member State in which they are not licensed to offer such services;
· ensure operators are obliged to display clear, prominent and explicit warnings to minors stating that it is illegal for them to engage in online gambling;
· carry out, in a coordinated manner, further studies to understand problem gambling;
· explore the possibility of EU-wide interoperability between national self-exclusion registers so that any customer self-excluding or surpassing their gambling limits at one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators;
· consider implementing a compulsory third-party identification control in order to exclude minors or persons using fake identities from playing;
· ensure gambling operators are obliged actively to promote the use of self-restrictions at the time of registration as well as in cases of repeated losses.
Common standards : Parliament takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer , ensuring a high level of protection for citizens and consumers, in particular minors and other vulnerable persons, and the prevention of misleading and excessive advertisements. It encourages the European gambling operators’ associations to develop and adopt self-regulatory codes of conduct.
Parliament recommends the introduction of uniform, pan-European common security standards for electronic identification and cross border e-verification services . It calls for registration and identification procedures to be streamlined and made more efficient, notably in order to ensure efficient identification mechanisms and to prevent multiple accounts per player and access by minors to online gambling websites . It also recommends the exchange of best practices between Member States on enforcement measures – such as on establishing white and black lists of illegal gambling websites, jointly defining secure and traceable payment solutions, and considering the feasibility of blocking financial transactions – in order to protect consumers against illegal operators.
Parliament goes on to call on Member States and on operators to encourage responsible advertising in relation to online gambling. It asks the Commission to include common minimum standards that provide sufficient protection for vulnerable consumers containing clear warnings to minors.
For minors, the resolution particularly recommends: (i) introduction of school courses aimed at young people on the best uses of the Internet; (ii) effective measures to raise awareness of the risks of gambling addiction; (iii) defining a non-harmful format for advertising, and preventing people under 18 from gambling and combating problematic and compulsive gambling.
In terms of legal action, Member States are asked to only authorise operators who fulfil at least the following requirements and are thus considered to be legal:
· the operator must have a licence which gives it a right to operate in the Member State of the player;
· the operator is not considered to be illegal under the law applicable in any other Member State.
Compliance with EU law : Parliament recognises that with due regard to the principle of subsidiarity, Member States have the right to determine how the offer of online gambling services is organised and regulated in accordance with their own values and pursued objectives of general interest, while observing Union law. The Commission is asked to continue to monitor and enforce compliance of national laws and practices with EU law, in cooperation with the Member States, and to launch infringement procedures against those Member States that appear to breach EU law. All legislation must be proportionate, consistent, transparent, and non-discriminatory.
Parliament wants the Commission and Member states to be more ambitious and draw up coordinated measures and strategies , with a view to addressing the social costs and harmful effects of gambling activities. Those Member States that choose to open up their online gambling sector must provide for a transparent and legally certain licensing application procedure based on objective and non-discriminatory criteria, in full compliance with EU law and with sufficient and strict citizen and consumer protection.
Administrative cooperation : recalling the Commission initiative to set up an expert group on gambling in order to share best practice and and information on establishing a common system on identification of players as well as technical measures, Parliament asks the Commission to include experts specialised in problem and pathological gambling in expert groups and consultations. Stressing the need for cooperation and exchanges of best practices among national experts from the social and health spheres, Members encourage the Member States to work in close cooperation with the Commission and with each other to coordinate steps to combat the unauthorised supply of cross-border gambling services .
At the same time, it stresses the importance for the expert group to work towards more transparent and simplified procedures that remove unnecessary administrative burdens on Member States that could unnecessarily increase costs for legal online operators in those countries which choose to open up their markets. It believes that steps should be taken to bring national tax regimes for gambling services into line with one other in order to prevent disproportionate tax concessions from fostering a proliferation and concentration of online gambling services.
Money laundering : Parliament recalls that online gambling is a non-cash-based environment and that – given the dependency on third-party financial service providers – additional safeguards against money laundering are needed . It calls on the Commission, the Member States and the expert group to take effective action against money laundering. The resolution welcomes, in this respect, the proposal to extend the provisions of the Anti-Money Laundering Directive to include all forms of gambling. It emphasises that solid registration and unambiguous verification systems are key tools in preventing any misuse of online gambling, and advantage can be taken of online bank and credit-card verification systems.
Integrity of sports : Parliament deals with the problem of match-fixing , taking account of its transnational nature. It notes that match fixing occurs in both the offline and the online gambling markets and that, in the majority of cases, online betting-related match-fixing occurs through gambling operators established in unregulated markets outside the EU .
Against this background, Parliament calls for the following principal measures:
the strict regulation or the prohibition , after an evaluation conducted at the level of each Member State, of dangerous forms of gambling a code of conduct, containing a general ban on all staff involved in sporting events from placing bets on their own matches or events; the adoption at national level of effective measures to prevent conflicts of interest, notably by avoiding wagers of all stakeholders from the world of sports on betting organised on competitions in which they are involved; ban all forms of live sports betting since these have proved to be very vulnerable to match-fixing and therefore pose a risk to the integrity of sport; an obligation for cooperation on suspicious activities with Europol and Eurojust; the creation of a global platform for exchange of information and best practices and in the coordination of joint prevention and enforcement actions; ensure that the fraudulent manipulation of results for financial or other advantage is prohibited by establishing as a criminal offence any threat to the integrity of competitions; take action at EU level against unregulated online gambling and to support the fight against match-fixing.
Parliament recommends that sporting competitions should be protected from any unauthorised commercial use, notably by recognising the property rights of sports event organisers .
It calls on sport federations and gambling operators to include, in a code of conduct , a ban on betting on so-called negative events, such as yellow cards, penalty kicks or free kicks during a match or event and to ban all forms of live sports betting since these have proved to be very vulnerable to match-fixing and therefore pose a risk to the integrity of sport. In this regard, Parliament calls on the Commission to install a European alert system for betting regulators in order rapidly to exchange information about fixed sporting events.
Lastly, Parliament welcomes transnational education projects to combat match-fixing on a global level.
The Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Ashley FOX (ECR, UK) on online gambling in the internal market.
Members stress that gambling is not an ordinary economic activity. Given the special nature of the online gambling sector, the protection of human health and consumers should be the main guiding principle when EU-level recommendations and national legislation are made. In this context, Members consider that, in order to ensure a high level of consumer protection, in particular for those consumers who are the most vulnerable , it is appropriate to ensure a fair and legal offer of gambling services defined by each Member State in compliance with Union law might. They warn that gambling can lead to dangerous addiction, which is an issue that would need to be addressed in any legislative proposal for the sake of consumers and the integrity of this form of sport.
The report calls for a series of actions from Member States and the Commission, as appropriate, to:
· take action against illegal gambling offered from within Member State territories;
· ensure a high level of consumer and health protection in the Union;
· continue to explore measures at EU level to protect vulnerable consumers ;
· oblige operators working with a licence from the Member State to carry the logo, trustmark of the regulatory authority in a prominent fixed position on its website;
· stop the practice whereby companies based in one Member State market online-gambling services – for example via satellite-TV or advertisement campaigns – in another Member State in which they are not licensed to offer such services;
· ensure operators are obliged to display clear, prominent and explicit warnings to minors stating that it is illegal for them to engage in online gambling;
· carry out, in a coordinated manner, further studies to understand problem gambling;
· explore the possibility of EU-wide interoperability between national self-exclusion registers so that any customer self-excluding or surpassing their gambling limits at one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators;
· consider implementing a compulsory third-party identification control in order to exclude minors or persons using fake identities from playing;
· ensure gambling operators are obliged actively to promote the use of self-restrictions at the time of registration as well as in cases of repeated losses.
Common standards : Members take the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer , ensuring a high level of protection for citizens and consumers, in particular minors and other vulnerable persons, and the prevention of misleading and excessive advertisements. They encourage the European gambling operators’ associations to develop and adopt self-regulatory codes of conduct.
Members recommend the introduction of uniform, pan-European common security standards for electronic identification and cross border e-verification services . They also recommend the exchange of best practices on enforcement measures – such as on establishing white and black lists of, and preventing access to, illegal gambling websites, jointly defining secure and traceable payment solutions, and considering the feasibility of blocking financial transactions.
The report goes on to call on Member States and on operators to encourage responsible advertising in relation to online gambling. It asks the Commission to include common minimum standards that provide sufficient protection for vulnerable consumers containing clear warnings to minors.
For minors, the report particularly recommends: (i) introduction of school courses aimed at young people on the best uses of the Internet; (ii) effective measures to raise awareness of the risks of gambling addiction; (iii) defining a non-harmful format for advertising, and preventing people under 18 from gambling and combating problematic and compulsive gambling.
In terms of legal action, Member States are asked to only authorise operators who fulfil at least the following requirements and are thus considered to be legal:
· the operator must have a licence which gives it a right to operate in the Member State of the player;
· the operator is not considered to be illegal under the law applicable in any other Member State.
Compliance with EU law: Members recognise that with due regard to the principle of subsidiarity, Member States have the right to determine how the offer of online gambling services is organised and regulated in accordance with their own values and pursued objectives of general interest, while observing Union law. The Commission is asked to continue to monitor and enforce compliance of national laws and practices with EU law, in cooperation with the Member States, and to launch infringement procedures against those Member States that appear to breach EU law.
Members want the Commission and Member states to be more ambitious and draw up coordinated measures and strategies , with a view to addressing the social costs and harmful effects of gambling activities. Those Member States that choose to open up their online gambling sector must provide for a transparent and legally certain licensing application procedure based on objective and non-discriminatory criteria, in full compliance with EU law and with sufficient and strict citizen and consumer protection.
Administrative cooperation : recalling the Commission initiative to set up an expert group on gambling in order to share best practice and and information on establishing a common system on identification of players as well as technical measures, Members ask the Commission to include experts specialised in problem and pathological gambling in expert groups and consultations. Stressing the need for cooperation and exchanges of best practices among national experts from the social and health spheres, Members encourage the Member States to work in close cooperation with the Commission and with each other to coordinate steps to combat the unauthorised supply of cross-border gambling services .
At the same time, they stress the importance for the expert group to work towards more transparent and simplified procedures that remove unnecessary administrative burdens on Member States that could unnecessarily increase costs for legal online operators in those countries which choose to open up their markets. They believe that steps should be taken to bring national tax regimes for gambling services into line with one other in order to prevent disproportionate tax concessions from fostering a proliferation and concentration of online gambling services.
Money laundering: Members point out that online gambling is a non-cash-based environment and that – given the dependency on third-party financial service providers – additional safeguards against money laundering are needed . They call on the Commission, the Member States and the expert group to take effective action against money laundering.
The report welcomes, in this respect, the proposal to extend the provisions of the Anti-Money Laundering Directive to include all forms of gambling. It emphasises that solid registration and unambiguous verification systems are key tools in preventing any misuse of online gambling, and advantage can be taken of online bank and credit-card verification systems.
Integrity of sports : Members deal with the problem of match-fixing , taking account of its transnational nature. They note that match fixing occurs in both the offline and the online gambling markets and that, in the majority of cases, online betting-related match-fixing occurs through gambling operators established in unregulated markets outside the EU .
They call for the following principal measures:
· a code of conduct, containing a general ban on all staff involved in sporting events from placing bets on their own matches or events;
· the adoption at national level of effective measures to prevent conflicts of interest, notably by avoiding wagers of all stakeholders from the world of sports on betting organised on competitions in which they are involved;
· ban all forms of live sports betting since these have proved to be very vulnerable to match-fixing and therefore pose a risk to the integrity of sport;
· an obligation for cooperation on suspicious activities with Europol and Eurojust;
· the creation of a global platform for exchange of information and best practices and in the coordination of joint prevention and enforcement actions;
· ensure that the fraudulent manipulation of results for financial or other advantage is prohibited by establishing as a criminal offence any threat to the integrity of competitions;
· take action at EU level against unregulated online gambling and to support the fight against match-fixing.
Members recommend that sporting competitions should be protected from any unauthorised commercial use, notably by recognising the property rights of sports event organisers .
Lastly, Member States are asked to consider a ban on all forms of spot fixing , such as gambling on corner kicks, free kicks, throw-ins and yellow cards, as these has proven to be very vulnerable to match-fixing. The report calls up the Commission to install a European alert system for betting regulators in order rapidly to exchange information about fixed sporting events.
PURPOSE: Commission Communication on a strategy to meet the regulatory and technical challenges of the online gambling sector.
CONTENT: online gambling is a fast growing service activity in the EU, with annual growth rates of almost 15% and estimated annual revenues in 2015 in the region of EUR 13 billion, compared to EUR 9.3 billion in 2011. This would represent a total growth rate of almost 40%. It is estimated that about 6.84 million European consumers participate in online gambling.
The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks. The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level.
Following the Commission Green Paper in 2011 and the European Parliament resolution on online gambling in the internal market, this Communication identifies the key challenges posed by the co-existence of national regulatory frameworks within the internal market. It also seeks to propose answers to these challenges in the form of actions to be taken both at the national and EU level.
The paper points out that while Member States are in principle free to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market rules. Ensuring compliance of national law with the Treaty is therefore essential to a successful EU policy on online gambling. In view of the type of challenges posed by the development of online gambling and their implications for each Member State, it is not possible for Member States effectively to address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services.
The Communication proposes a combination of initiatives and measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU.
(1) Compliance of national regulatory frameworks with EU law: online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. Recent regulatory changes in Member States have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations. Furthermore, cross-border offers are often not authorised under national rules in the recipient Member State.
Compliance of these national rules with the Treaty has been challenged in front of national 6 courts and questions on the interpretation of EU law have been referred to the European Court of Justice (ECJ). The ECJ has confirmed that national rules that prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States. They also restrict the freedom of operators established in other Member States to provide gambling services.
The national rules in question focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention. While Member States usually offer legitimate reasons for the restriction of cross border gambling services, they must nonetheless demonstrate the necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system.
The Commission has launched infringement cases against a significant number of Member States, and will accelerate its assessment of national provisions in the pending infringements cases and complaints and take enforcement action wherever necessary.
(2) Enhancing administrative cooperation and efficient enforcement : enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems of others, and to develop closer working relations at the operational level.
The Commission will:
facilitate administrative cooperation between gambling regulators; enhance exchange of information and best practice on enforcement measures and explore the benefits and possible limits of responsive enforcement measures, such as payment blocking and disabling access to websites, at EU level; provide clarification on the procedures for notifying and acting on unauthorised content hosted in the EU by online intermediaries; develop regulatory dialogue with third countries.
Member States are urged to:
provide gambling regulatory authorities with clear competences and ensure cooperation with other relevant competent authorities; explore means to inform consumers about available authorised offers in order to direct demand to the legal market.
(3) Protecting consumers and citizens, minors and vulnerable groups : appropriate action in the EU is needed so as to: (i) draw consumers away from unregulated and potentially harmful offers; (ii) protect minors from accessing gambling facilities, recalling that the protection of minors must be a priority not least because 75% of 6-17 year olds in Europe use the internet; (iii) safeguard other vulnerable groups and (iv) prevent the development of gambling-related disorders, since it can be estimated that between 0.5-3% of the population in the EU suffer from some type of gambling disorder.
The paper notes also that responsible advertising is imperative in order to ensure that citizens are aware that:
age restrictions apply; gambling can be harmful if not played responsibly and the risks can be financial, social or health related.
As a first step the Commission will prepare a Recommendation on common protection of consumers, which should include a set of principles including effective and efficient registration of players, age verification and identification controls – in particular in the context of money transactions, reality checks (account activity, warning signs, signposting to helplines), no credit policy, protection of player funds, self-restriction possibilities (time/financial limits, exclusion) as well as customer support and efficient handling of complaints.
The Commission will also prepare a Recommendation on responsible gambling advertising in 2013 to ensure that operators authorised in a given Member State advertise gambling in a socially responsible manner and provide key information to consumers.
The Commission will, inter alia:
support benchmarking and testing of parental control tools through the Safer Internet Programme and the Connecting Europe Facility to improve age rating and content classification systems; assess recommendations on gambling-related internet addiction among adolescents under EU NET ADB in 2012.
Member States are urged to:
strengthen information and awareness raising initiatives on the risks related to gambling, as well as on unregulated gambling offers; improve cooperation between gambling regulatory authorities and consumer organisations; increase the availability and use of online safety practices of children and young people to prevent them from accessing gambling sites; carry out surveys and data collection on gambling disorders.
(4) Preventing fraud and money laundering : the main public interest objectives of Member States with regard to public order are the prevention of gambling fraud and money laundering. Credit card fraud and theft of banking credentials are reported to be the most common crime in relation to on-line gambling. Online gambling may also be used for laundering of funds stemming from illegal activities. These criminal offences are often committed cross-border and involve organised crime.
The Commission will:
consider extending the scope of the AML Directive to all forms of gambling in 2012; in the context of its policy on cybercrime, encourage exchanges of experience; explore the possibility of an EU standard on gambling equipment including gambling software in 2013.
(5) Safeguarding the integrity of sports and preventing match-fixing : betting related match fixing is a specific type of fraud that goes against the interests of sport organisations, sportspeople, players (consumers) and regulated gambling operators. The Commission will develop a Recommendation anti-match fixing measures with a view to:
promoting a more efficient exchange of good practices in the prevention of betting related match-fixing, including initiatives on awareness raising and training for actors in the field of sports; ensuring mutual reporting and follow-up actions of suspicious activities by sport bodies, operators and regulators, including gathering reliable figures on the scale of the problem; establishing minimum conflict of interest provisions, e.g betting bans for sport people and sport officials as well as the exclusion of youth events from betting; and introducing hotlines and other reporting or whistle-blowing alert mechanisms.
The Commission will also:
participate in the work of the Council of Europe on a possible Convention against manipulation of sports results; promote international cooperation and dialogue in the prevention of match fixing.
Member States are urged to:
set up national contact points bringing together all relevant actors involved in fighting match fixing; equip national legal and administrative systems with the tools, expertise and resources to combat match fixing; consider sustainable financing of sports integrity measures.
Lastly, the Commission will publish a report within two years, assessing these actions, notably with regard to the objectives of a more effective protection of consumers and deterrence of match-fixing. It will also assess whether these actions provide an adequate EU framework for online gambling or if additional measures, where necessary legislative ones, need to be taken at EU level.
PURPOSE: Commission Communication on a strategy to meet the regulatory and technical challenges of the online gambling sector.
CONTENT: online gambling is a fast growing service activity in the EU, with annual growth rates of almost 15% and estimated annual revenues in 2015 in the region of EUR 13 billion, compared to EUR 9.3 billion in 2011. This would represent a total growth rate of almost 40%. It is estimated that about 6.84 million European consumers participate in online gambling.
The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks. The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level.
Following the Commission Green Paper in 2011 and the European Parliament resolution on online gambling in the internal market, this Communication identifies the key challenges posed by the co-existence of national regulatory frameworks within the internal market. It also seeks to propose answers to these challenges in the form of actions to be taken both at the national and EU level.
The paper points out that while Member States are in principle free to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market rules. Ensuring compliance of national law with the Treaty is therefore essential to a successful EU policy on online gambling. In view of the type of challenges posed by the development of online gambling and their implications for each Member State, it is not possible for Member States effectively to address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services.
The Communication proposes a combination of initiatives and measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU.
(1) Compliance of national regulatory frameworks with EU law: online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. Recent regulatory changes in Member States have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations. Furthermore, cross-border offers are often not authorised under national rules in the recipient Member State.
Compliance of these national rules with the Treaty has been challenged in front of national 6 courts and questions on the interpretation of EU law have been referred to the European Court of Justice (ECJ). The ECJ has confirmed that national rules that prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States. They also restrict the freedom of operators established in other Member States to provide gambling services.
The national rules in question focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention. While Member States usually offer legitimate reasons for the restriction of cross border gambling services, they must nonetheless demonstrate the necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system.
The Commission has launched infringement cases against a significant number of Member States, and will accelerate its assessment of national provisions in the pending infringements cases and complaints and take enforcement action wherever necessary.
(2) Enhancing administrative cooperation and efficient enforcement : enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems of others, and to develop closer working relations at the operational level.
The Commission will:
facilitate administrative cooperation between gambling regulators; enhance exchange of information and best practice on enforcement measures and explore the benefits and possible limits of responsive enforcement measures, such as payment blocking and disabling access to websites, at EU level; provide clarification on the procedures for notifying and acting on unauthorised content hosted in the EU by online intermediaries; develop regulatory dialogue with third countries.
Member States are urged to:
provide gambling regulatory authorities with clear competences and ensure cooperation with other relevant competent authorities; explore means to inform consumers about available authorised offers in order to direct demand to the legal market.
(3) Protecting consumers and citizens, minors and vulnerable groups : appropriate action in the EU is needed so as to: (i) draw consumers away from unregulated and potentially harmful offers; (ii) protect minors from accessing gambling facilities, recalling that the protection of minors must be a priority not least because 75% of 6-17 year olds in Europe use the internet; (iii) safeguard other vulnerable groups and (iv) prevent the development of gambling-related disorders, since it can be estimated that between 0.5-3% of the population in the EU suffer from some type of gambling disorder.
The paper notes also that responsible advertising is imperative in order to ensure that citizens are aware that:
age restrictions apply; gambling can be harmful if not played responsibly and the risks can be financial, social or health related.
As a first step the Commission will prepare a Recommendation on common protection of consumers, which should include a set of principles including effective and efficient registration of players, age verification and identification controls – in particular in the context of money transactions, reality checks (account activity, warning signs, signposting to helplines), no credit policy, protection of player funds, self-restriction possibilities (time/financial limits, exclusion) as well as customer support and efficient handling of complaints.
The Commission will also prepare a Recommendation on responsible gambling advertising in 2013 to ensure that operators authorised in a given Member State advertise gambling in a socially responsible manner and provide key information to consumers.
The Commission will, inter alia:
support benchmarking and testing of parental control tools through the Safer Internet Programme and the Connecting Europe Facility to improve age rating and content classification systems; assess recommendations on gambling-related internet addiction among adolescents under EU NET ADB in 2012.
Member States are urged to:
strengthen information and awareness raising initiatives on the risks related to gambling, as well as on unregulated gambling offers; improve cooperation between gambling regulatory authorities and consumer organisations; increase the availability and use of online safety practices of children and young people to prevent them from accessing gambling sites; carry out surveys and data collection on gambling disorders.
(4) Preventing fraud and money laundering : the main public interest objectives of Member States with regard to public order are the prevention of gambling fraud and money laundering. Credit card fraud and theft of banking credentials are reported to be the most common crime in relation to on-line gambling. Online gambling may also be used for laundering of funds stemming from illegal activities. These criminal offences are often committed cross-border and involve organised crime.
The Commission will:
consider extending the scope of the AML Directive to all forms of gambling in 2012; in the context of its policy on cybercrime, encourage exchanges of experience; explore the possibility of an EU standard on gambling equipment including gambling software in 2013.
(5) Safeguarding the integrity of sports and preventing match-fixing : betting related match fixing is a specific type of fraud that goes against the interests of sport organisations, sportspeople, players (consumers) and regulated gambling operators. The Commission will develop a Recommendation anti-match fixing measures with a view to:
promoting a more efficient exchange of good practices in the prevention of betting related match-fixing, including initiatives on awareness raising and training for actors in the field of sports; ensuring mutual reporting and follow-up actions of suspicious activities by sport bodies, operators and regulators, including gathering reliable figures on the scale of the problem; establishing minimum conflict of interest provisions, e.g betting bans for sport people and sport officials as well as the exclusion of youth events from betting; and introducing hotlines and other reporting or whistle-blowing alert mechanisms.
The Commission will also:
participate in the work of the Council of Europe on a possible Convention against manipulation of sports results; promote international cooperation and dialogue in the prevention of match fixing.
Member States are urged to:
set up national contact points bringing together all relevant actors involved in fighting match fixing; equip national legal and administrative systems with the tools, expertise and resources to combat match fixing; consider sustainable financing of sports integrity measures.
Lastly, the Commission will publish a report within two years, assessing these actions, notably with regard to the objectives of a more effective protection of consumers and deterrence of match-fixing. It will also assess whether these actions provide an adequate EU framework for online gambling or if additional measures, where necessary legislative ones, need to be taken at EU level.
Documents
- Contribution: COM(2012)0596
- Commission response to text adopted in plenary: SP(2013)816
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0348/2013
- Committee report tabled for plenary: A7-0218/2013
- Committee opinion: PE504.088
- Committee opinion: PE506.167
- Amendments tabled in committee: PE508.193
- Committee draft report: PE506.088
- Contribution: COM(2012)0596
- Non-legislative basic document: COM(2012)0596
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: COM(2012)0596
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2012)0596 EUR-Lex
- Committee draft report: PE506.088
- Amendments tabled in committee: PE508.193
- Committee opinion: PE504.088
- Committee opinion: PE506.167
- Commission response to text adopted in plenary: SP(2013)816
- Contribution: COM(2012)0596
- Contribution: COM(2012)0596
Amendments | Dossier |
562 |
2012/2322(INI)
2013/03/27
CULT
137 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective;
Amendment 1 #
Draft opinion Paragraph 1 1. Welcomes the presentation of the Commission communication entitled ‘Towards a comprehensive European framework for online gambling’ (COM(2012)0956) as a step towards ensuring that consumers have access to safe and properly regulated online services, and takes the view that efficient regulation of the online gambling sector should
Amendment 10 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for age and identity verifications to prevent underage gamblers from accessing remote gambling products; supports the need for campaigns to inform children and young people about the dangers of online activities such as games, online gambling, etc., and campaigns to raise parents’ awareness so that minors are protected;
Amendment 10 #
Draft opinion Paragraph 3 a (new) 3a. Considers that a single European legislative act, uniformly regulating the entire gambling sector, would not be appropriate owing to subsidiarity concerns but that, in some areas, a coordinated European approach, in addition to national regulation, would clearly provide added value in view of the cross-border nature of online gambling services;
Amendment 100 #
Draft opinion Paragraph 7 a (new) 7a. Recalls that the fight against match fixing starts with the dissemination of information and education about the negative impact match-fixing has on athletes, clubs, leagues and sport as a hole, therefore stresses the importance of education of all stakeholders in sport about the risks related to sports-betting and match-fixing and recognizes the importance of the involvement of specific organizations such as athletes' unions and supporter networks;
Amendment 101 #
Draft opinion Paragraph 7 b (new) 7b. Underlines that improved governance will strengthen sport's resilience against corruption and fraudulent activities; the implementation of basic principles of good governance, financial and operative transparency and accountability as well as stakeholder involvement, are key; recognizes that sustainable financing of sport organizations (clubs, leagues and federations) creates an environment in which match-fixing is less likely to occur;
Amendment 102 #
Draft opinion Paragraph 7 c (new) 7c. Stresses that athletes need effective protection mechanisms to oppose corrupting influences, including the safeguarding of the moral and physical integrity of athletes, proper working conditions, as well as safeguarding of salaries or remunerations, including bans on participation at different levels of competition for sports organisations failing to regularly fulfil these obligations towards their athletes;
Amendment 103 #
Draft opinion Paragraph 7 a (new) 7a. Calls on Member States to introduce comprehensive compulsory licensing of gambling products and to establish national regulatory agencies to combat illegal gambling and corruption in sport and to license gambling products; considers that such agencies should cooperate closely at international level;
Amendment 104 #
Draft opinion Paragraph 7 b (new) 7b. Stresses the urgent need to work at all levels for the establishment of a world agency to combat manipulation of gambling and corruption.
Amendment 105 #
Draft opinion Paragraph 7 a (new) 7a. Stresses that negotiations concerning cooperation must be launched with third countries and international sporting organisations in order to combat match fixing;
Amendment 106 #
Draft opinion Paragraph 7 a (new) 7a. Recommends the setting-up of a joint centre for information exchange to promote a better exchange of good practices, including initiatives on awareness-raising among Member States as education and prevention are of the utmost importance in protecting minors in online gambling.
Amendment 107 #
Draft opinion Paragraph 7 a (new) 7a. Is of the view that online gambling is a dangerous opportunity for money laundering and therefore considers it necessary to extend the scope of the directive on prevention of the use of the financial system for the purpose of money laundering to all forms of gambling, including online.
Amendment 11 #
Draft opinion Paragraph 1 a (new) 1a. Calls in this connection for the organisation and implementation of measures to enable children and young people to attain and further develop digital literacy;
Amendment 11 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to examine the possibility of harmonising the online gambling and betting sector by means of European licensing and ensure that some of the single licence proceeds are paid into a European youth guarantee fund;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1a. Calls for more cooperation at EU level to protect all users of online gambling services from misleading advertisements, specifically minors and other vulnerable persons;
Amendment 12 #
Draft opinion Paragraph 4 4. Recognises, however, the consistent jurisprudence of the Court of Justice of the European Union, which emphasises that national controls should be enacted and applied in a consistent, proportionate and non-discriminatory manner and be in line with the legal objectives pursued in order to protect consumers and the public order and prevent fraud;
Amendment 13 #
Draft opinion Paragraph 1 a (new) 1a. Rejects the establishment of an internal market in online gambling with the supply of cross-border products, and draws attention to the consistent case-law of the Court of Justice of the EU; doubts the added value of an EU directive laying down minimum standards for the protection of gamblers and young people; calls, however, for existing high standards in the Member States to be genuinely enforced, and calls on the supervisory authorities of the Member States to cooperate more intensively in law enforcement;
Amendment 13 #
Draft opinion Paragraph 4 a (new) 4a. Reminds the Commission that, in order to ensure an effective application of European law, strong enforcement is essential and, therefore, effective checks need to be put into place to ensure that national online gambling legislation is compliant with EU law;
Amendment 14 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission to include in its recommendations on responsible gambling advertising a ban on advertising for online gambling services aimed at minors, in particular on social media;
Amendment 14 #
Draft opinion Paragraph 4 b (new) 4b. Urges the Commission, therefore, to finalise the numerous infringement procedures and complaints, some of which date back to 2007, before the end of this mandate and to take concrete action where those proceedings breach the Treaty and the case law of the Court of Justice of the European Union;
Amendment 15 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission to set up a common, EU-wide self-exclusion program whereby players can voluntarily and in a simple manner exclude themselves from all gambling websites operating in the EU; this feature should be made clearly visible on all websites offering online gambling services;
Amendment 15 #
Draft opinion Paragraph 5 5. Calls for the cre
Amendment 16 #
Draft opinion Paragraph 1 a (new) 1a. Takes the view that physical activity and sport are essential to the development and health of human beings at every stage in their lives, contributing to their social, physical and mental development and thereby playing a key role in personal empowerment, and should accordingly be considered a right;
Amendment 16 #
Draft opinion Paragraph 5 a (new) 5a. Recognises that cooperation between Member States is essential but stresses that it is also very important that the expert group on gambling should work in close collaboration with all stakeholders, including both the gambling industry and consumer organisations;
Amendment 17 #
Draft opinion Paragraph 1 b (new) 1b. Takes the view that a growing number of sports are being run solely for profit, along market lines, and that clubs are increasingly being forced to compete on this basis; points out that this is resulting in profound changes in the world of sport, with sports agents becoming little more than brokers, professional sportspersons’ pay soaring to dizzying heights and online betting rapidly increasing, is conducive to match fixing and corruption and is seriously undermining the ethical foundations of sport;
Amendment 17 #
Draft opinion Paragraph 6 Amendment 18 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling
Amendment 18 #
Draft opinion Paragraph 6 6. Reaffirms its position that sports bets are a form of commercial
Amendment 19 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced
Amendment 19 #
Draft opinion Paragraph 6 a (new) 6a. Recognises that match-fixing is a cause for serious concern and is often linked to organised crime, which represents a major threat to the integrity of sports in the European Union; calls on the Commission, therefore, to reinforce cooperation between the main stakeholders, such as police forces, sports bodies and betting operators, in order to enhance the reporting and investigation of suspicious betting patterns;
Amendment 2 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for age and identity verifications to prevent underage gamblers from
Amendment 2 #
Draft opinion Paragraph 1 a (new) 1a. Takes the view that efficient regulation of the online gambling sector should, in particular: – channel the playing instinct of the population by restricting advertising to the level that is strictly necessary in order to direct potential gamblers to the legal provision of services, and by requiring all advertising for online gambling to be systematically coupled with a message warning against excessive or pathological gambling, – combat the illegal gambling sector by strengthening technical and legal instruments for the identification and sanctioning of illegal operators, and by promoting the legal provision of high- quality gambling services, and – guarantee effective protection for gamblers, with special attention being paid to vulnerable groups, in particular young people;
Amendment 20 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among
Amendment 20 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to encourage the establishment of a code of practice by sports event organisers, betting operators and public authorities with a view to developing the mechanisms necessary to preserve the integrity of sports, including provisions for the financing of those mechanisms;
Amendment 21 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced
Amendment 21 #
Draft opinion Paragraph 6 a (new) 6a. Points out that the conclusion of legally binding agreements between the organisers of sports events and online gambling and betting operators would make it easier to guarantee a more balanced relationship between the two, for example by setting out clearly the mechanisms necessary to ensure fair play, specifying what types of bet are or are not admissible and exchanging information between parties;
Amendment 22 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among
Amendment 22 #
Draft opinion Paragraph 7 7. Considers that
Amendment 23 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced, such as the implementation of strict deposit limits and stringent controls over minors, who, also through the new technological instruments such as smartphones, tablets, etc. could evade controls more easily;
Amendment 23 #
Draft opinion Paragraph 7 a (new) 7a. Warns that gambling can lead to dangerous addiction, which is an issue that would need to be addressed in any legislative proposal for the sake of consumers and the integrity of this form of sport;
Amendment 24 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to
Amendment 24 #
Draft opinion Paragraph 7 b (new) 7b. Takes note of the preparatory work carried out by the Council of Europe in respect of the preliminary draft convention against the manipulation of sport events and encourages Member States to support this valuable initiative;
Amendment 25 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced, such as the implementation of strict deposit limits; believes that the introduction of school courses on the best uses of the internet could make users more adept in protecting themselves against addiction to online gambling services;
Amendment 25 #
Draft opinion Paragraph 8 8. Calls on the Commission to bring forward selected legislative proposals in order to provide a legal framework that will create legal certainty for legitimate European businesses and efficient cooperation schemes between Member States to ensure the protection of consumers.
Amendment 26 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced, such as the implementation of strict deposit limits and controls on advertising to determine whether promotional material is false, misleading or ‘deceptive’ regarding earnings or encourages the false impression that gambling is a reasonable strategy to improve a person’s finances;
Amendment 26 #
Draft opinion Paragraph 8 a (new) 8a. Emphasises that, while the effective exchange of information between investigative bodies is important for successful law enforcement, action to combat match-fixing needs to comply with national and European data protection laws and regulations;
Amendment 27 #
Draft opinion Paragraph 2 2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced, such as the implementation of strict deposit limits, in addition to the prevention of gambling among young people in schools and in social and cultural meeting places;
Amendment 27 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission and the Member States to introduce effective measures to raise awareness of the risks of gambling addiction, targeting young people in particular;
Amendment 28 #
Draft opinion Paragraph 2 a (new) 2a. Welcomes the introduction at EU level of an online trustmark for legal operators as an effective way of protecting consumers;
Amendment 28 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to consider the introduction of a ‘white list’ enabling consumers to distinguish between licensed European operators and non-European operators;
Amendment 29 #
Draft opinion Paragraph 2 a (new) 2a. Considers that measures should be taken to ensure that the more vulnerable members of society do not have their subsistence jeopardised even further as a result of gambling;
Amendment 29 #
Draft opinion Paragraph 8 b (new) 8b. Underlines that match-fixing allegations are often tried in public courts as well by sports arbitration and that, under both procedures, international minimum procedural standards, as laid down in Article 6 of the European Convention on Human Rights, need to be respected;
Amendment 3 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement
Amendment 3 #
Draft opinion Paragraph 2 2. Points out that online gambling is a
Amendment 30 #
Draft opinion Paragraph 2 b (new) 2b. Stresses that on-line gambling is particularly addictive because of the anonymity of on-line gamblers, the constant availability of on-line gambling and the lack of any social control;
Amendment 30 #
Draft opinion Paragraph 8 b (new) 8b. Calls on Member States to elaborate pan-European uniform common standards for online electronic identity verification services; notes that establishing unified registration procedures for online gambling operators is a key to preventing a further rise of illegal services; demands, therefore, that verification and registration procedures should be made coherent and more efficient;
Amendment 31 #
Draft opinion Paragraph 2 c (new) 2c. Calls for live sports betting in which gamblers can bet, on-line and anonymously, on constantly changing odds and events and which as a result is extremely open to manipulation, to be banned;
Amendment 32 #
Draft opinion Paragraph 2 d (new) 2d. Calls for advertising of on-line gambling games to be permitted only for gambling products which are legal; considers that it should never be permissible to advertise by exaggerating the probability of winning;
Amendment 33 #
Draft opinion Paragraph 2 e (new) 2e. Calls for an assessment of gambling products at Member State level, accompanied by stricter regulation or even banning of dangerous gambling products; stresses that technical regulation is also important to prevent gamblers from becoming intoxicated by gambling, for example;
Amendment 34 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the importance of funding from gambling for public interest causes (sport, culture, social projects, research and other causes of general interest); calls for the specific features and the sustainable contributions from lotteries to society to be recognised and taken into account in any coordinated approach at EU level; stresses also the importance of the lotteries sector for indirect employment generation;
Amendment 35 #
Draft opinion Paragraph 2 a (new) 2a. Points out that online gambling, owing to its easy accessibility, poses much greater risks to vulnerable consumers and particularly young people, and that this form of addiction is less visible than is the case with traditional gambling;
Amendment 36 #
Draft opinion Paragraph 2 b (new) 2b. Stresses the important role of education and awareness-raising on the subject of online gambling and its consequences among minors; calls for operators to be obliged to display clear, prominent and explicit warnings to minors stating that it is illegal for them to engage in online gambling;
Amendment 37 #
Draft opinion Paragraph 2 c (new) 2c. Calls for limits to be imposed on financial transfers from the accounts and credit cards of minors to the accounts of gambling companies;
Amendment 38 #
Draft opinion Paragraph 2 d (new) 2d. Stresses that defining a non-harmful format for advertising and rules on its dissemination is key to preventing people under 18 from gambling and combating problematic and compulsive gambling;
Amendment 39 #
Draft opinion Paragraph 2 e (new) 2e. Believes that advertising must be carried out in a socially responsible manner and should contain explicit warnings concerning the consequences of compulsive gambling;
Amendment 4 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the importance of education in raising awareness on the drawbacks of online gambling; notes the need to implement EU-wide standards for age and identity verifications to prevent underage gamblers from accessing remote gambling products;
Amendment 4 #
Draft opinion Paragraph 2 2. Points out that online gambling is a special kind of economic activity, to which internal market rules, namely freedom of establishment and freedom to provide services, cannot fully apply; highlights the fact that the Member States have the right to regulate and control their gambling markets in accordance with
Amendment 40 #
Draft opinion Paragraph 2 a (new) 2a. Points out that, in accordance with the Court of Justice judgment of 8 September 2009 and with the subsidiarity principle, Member States are entitled not only to regulate gambling but also to maintain or establish state monopolies on online gambling, or even to impose a general ban on such activities in order to protect the public, in particular minors;
Amendment 41 #
Draft opinion Paragraph 2 a (new) 2a. Takes the view that Member State regulation, in particular in the form of state monopolies, helps to keep gambling operations within controlled channels and thus to guard against the risk of fraud or crime in the context of such operations;
Amendment 42 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that, while effective regulation is required to protect minors and prevent gambling addiction, this cannot substitute measures aimed at educating and empowering individuals to take ownership and responsibility of their own actions with regard to online gambling;
Amendment 43 #
Draft opinion Paragraph 2 a (new) 2a. Recommends that Member States set a minimum percentage of gambling revenues to be redistributed to organisations which seek to prevent, or which provide counselling on, addiction;
Amendment 44 #
Draft opinion Paragraph 2 a (new) 2a. Takes the view that there is a dangerous correlation between periods in which the economic crisis is at its most acute and an increase in gambling; considers it necessary, therefore, to monitor the phenomenon of gambling addiction and gambling-related diseases in a continuous and ongoing manner;
Amendment 45 #
Draft opinion Paragraph 2 b (new) 2b. Believes that the advertising of gambling is often biased and misleading and can lead to unhealthy and harmful behaviour; considers, therefore, that it should become more responsible and should be regulated in order to limit its more invasive effects, which affect first and foremost the most vulnerable people;
Amendment 46 #
Draft opinion Paragraph 2 a (new) 2a. Recommends that a clear distinction be made between gambling activities and other forms of online entertainment; services which combine distinguishing features of the gambling sector must fall under appropriate gambling legislation and fully respect age and identity verification mechanisms;
Amendment 47 #
Draft opinion Paragraph 2 a (new) 2a. Urges operators, as a compulsory requirement, to include, on the homepage of gambling websites, a link to online information about gambling addiction and opportunities to obtain related professional assistance;
Amendment 48 #
Draft opinion Paragraph 2 a (new) 2a. Draws attention to the need to draw up efficient methods of betting supervision, bearing in mind the rapid development of the online environment, but also highlights the importance of protecting users' personal data against abuse;
Amendment 49 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling;
Amendment 5 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for age and identity verifications to prevent underage gamblers from accessing and participating in remote gambling products;
Amendment 5 #
Draft opinion Paragraph 2 2. Points out that online gambling is a special kind of economic activity, to which internal market rules, namely freedom of establishment and freedom to provide services, cannot fully apply; highlights the fact that the Member States have the right to regulate and control their gambling markets, especially for reasons of social or public order, in accordance with European internal market legislation;
Amendment 50 #
Draft opinion Paragraph 3 3.
Amendment 51 #
Draft opinion Paragraph 3 3. Regrets that
Amendment 52 #
Draft opinion Paragraph 3 3. Regrets that sport, amateur ranks in particular, only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to sports federations,
Amendment 53 #
Draft opinion Paragraph 3 3.
Amendment 54 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to sports
Amendment 55 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, th
Amendment 56 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to non-profit sports federations, that have to ensure the sustainable
Amendment 57 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to contributors to the commercial value of sporting events, including sports federations, that have to ensure sustainable financing for grassroots sport;
Amendment 58 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to sports federations, that have to ensure sustainable financing for grassroots sport, with particular reference to sports whose future is at risk;
Amendment 59 #
Draft opinion Paragraph 3 3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to sports federations fairly, that have to ensure sustainable financing for grassroots sport;
Amendment 6 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for age and identity verifications, and to ensure proper monitoring, to prevent underage gamblers from accessing remote gambling products;
Amendment 6 #
Draft opinion Paragraph 2 a (new) 2a. Recalls that, owing to historical, social and cultural factors specific to each Member State, Member States should retain their autonomy to regulate gambling activities on their territory, allowing them to respond efficiently to protect public order, society and consumers;
Amendment 60 #
Draft opinion Paragraph 3 a (new) 3a. Underlines that the fight against match-fixing and other forms of sport fraud has to be focused on law enforcement, education and prevention as well as good governance of sport bodies;
Amendment 61 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the sport federations and gambling operators to include in a Code of Conduct a ban on betting on so called negative events, such as yellow cards or penalty kicks, during a match or event;
Amendment 62 #
Draft opinion Paragraph 3 a (new) 3a. Urges the Member States, therefore, to ensure that part of the proceeds from gambling are earmarked for the support of grassroots sport;
Amendment 63 #
Draft opinion Paragraph 3 a (new) 3a. Takes the view that the Member States have a key responsibility for making sure that the sporting ethos is preserved and, to that end, should take appropriate steps to combat corruption, including by introducing stringent rules on the financial supervision of clubs;
Amendment 64 #
Draft opinion Paragraph 4 4. Calls
Amendment 65 #
Draft opinion Paragraph 4 4. C
Amendment 66 #
Draft opinion Paragraph 4 4. Calls for more coo
Amendment 67 #
Draft opinion Paragraph 4 4. Calls for more cooperation at European level, under the coordination of the European Commission, to identify and prohibit online
Amendment 68 #
Draft opinion Paragraph 4 4. Calls for more cooperation at European level, under the coordination of the Commission, to identify and prohibit online gambling operators engaged in illegal activities such as match-fixing
Amendment 69 #
Draft opinion Paragraph 4 4. Calls for more cooperation at European level, under the coordination of the Commission, to identify and prohibit online gambling operators engaged in illegal activities such as match-fixing or betting on competitions predominantly involving minors;
Amendment 7 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for
Amendment 7 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Commission and the Member States to take action against illegal gambling offered from within Member State territories; urges the Commission, in this regard, to call on Member States to take enforcement measures against offers for illegal gambling in its planned recommendations on consumer protection and advertising;
Amendment 70 #
Draft opinion Paragraph 4 4. Calls for more cooperation at European level, under the coordination of the Commission, to identify and prohibit online gambling operators engaged in illegal activities such as match-fixing or betting on competitions involving minors and unauthorised operators who illegally provide gambling services;
Amendment 71 #
Draft opinion Paragraph 4 a (new) 4a. Urges the Commission and the Member States to conclude an ambitious binding agreement with third countries in the framework of the Council of Europe in the fight against organised crime involved in match fixing to combat the manipulation of sports results; while considering the feasibility for a global body dealing with match fixing, where all relevant actors would meet, exchange information, coordinate actions;
Amendment 72 #
Draft opinion Paragraph 4 a (new) 4a. Urges the Commission and the Member States to identify third countries that raise specific issues as regards betting-related match-fixing in respect of sports events taking place within the EU and to increase its collaboration with those countries with a view to combating the organised crime associated with match-fixing, inter alia by taking part in the negotiations on an international Council of Europe convention to combat the manipulation of sports results;
Amendment 73 #
Draft opinion Paragraph 4 a (new) 4a. Observes that the substantial turnover on the on-line gambling market is attractive to organised crime and makes the sector vulnerable to crimes such as fraud and money laundering; stresses that match-fixing, corruption and illegal betting are a global problem and must be combated by means of the criminal law, and offenders prosecuted, in a consistent, international manner;
Amendment 74 #
Draft opinion Paragraph 4 a (new) 4a. Asks the Commission to ensure that all Member States prohibit betting on competitions involving minors;
Amendment 75 #
Draft opinion Paragraph 4 a (new) 4a. Calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing;
Amendment 76 #
Draft opinion Paragraph 4 a (new) 4a. Strongly reiterates the need for more coordination at European level, under the coordination of the Commission, therefore suggest setting up an anti- match-fixing unit/centre with the task of collecting, exchanging, analysing and dissemination of evidence about match fixing, sports fraud and other forms of corruption in sport, in Europe and beyond; a body which should also gather best practices in the fight against sports corruption and promote concepts of good governance in sport;
Amendment 77 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the importance of educating sport actors about the risks of match fixing and welcomes transnational education projects in order to combat match fixing on a global level;
Amendment 78 #
Draft opinion Paragraph 4 a (new) 4a. Calls for more action to be taken in order to improve detection rates of these phenomena and also to consider revising the system of sentences;
Amendment 79 #
Draft opinion Paragraph 5 Amendment 8 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for age and identity verifications to prevent underage gamblers from accessing remote gambling products; points out that some national models for the adoption of identification measures show clear evidence of having reduced the negative impact of online gambling; stresses, therefore, the importance of sharing best practices between the Commission and the Member States;
Amendment 8 #
Draft opinion Paragraph 2 b (new) 2b. Affirms that online gambling is a form of commercial use of sport and that, whereas the sector grows steadily by keeping abreast of technological innovations, Member States face difficulties in controlling the online gambling sector owing to the specific nature of the internet, which creates the risk of violations of consumers' rights and of the sector being subject to investigations in the context of the fight against organised crime;
Amendment 80 #
Draft opinion Paragraph 5 Amendment 81 #
Draft opinion Paragraph 5 5.
Amendment 82 #
Draft opinion Paragraph 5 5. C
Amendment 83 #
Draft opinion Paragraph 5 5. Calls on the
Amendment 84 #
Draft opinion Paragraph 5 a (new) 5a. Recognises that efforts to combat sport organizations' involvement in corrupt activities like match-fixing or money laundering like codes of conduct need to address all stakeholder groups (officials, owners, managers, agents, players, referees and supporters) and all organizations (clubs, leagues, federations, etc.);
Amendment 85 #
Draft opinion Paragraph 5 a (new) 5a. Notes that the Council of Europe is planning to draw up a convention on measures to combat match fixing which is expected to be adopted in the second half of 2014, and calls for the European Union and its Member States to support this process fully;
Amendment 86 #
Draft opinion Paragraph 5 a (new) 5a. Notes that match fixing is criminalised in all Member States and that the main shortcomings in relation to the prosecution of match-fixing cases are of an operational nature. Therefore encourages Member States to produce legislation specifically suited to fight match-fixing at a national level;
Amendment 87 #
Draft opinion Paragraph 6 6. Calls for a
Amendment 88 #
Draft opinion Paragraph 6 6. Calls
Amendment 89 #
Draft opinion Paragraph 6 6. Calls for a general ban to prevent sportspersons and organisers of sporting events from placing bets on
Amendment 9 #
Draft opinion Paragraph 1 1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the need to implement EU-wide standards for age and identity verifications to prevent
Amendment 9 #
Draft opinion Paragraph 3 Amendment 90 #
Draft opinion Paragraph 6 6. Calls for a general ban to prevent
Amendment 91 #
Draft opinion Paragraph 6 6. Calls for a general ban to prevent sportspersons and organisers of sporting events from placing bets on their own matches or events; takes the view that imposing a ceiling on sportspeople’s earnings would promote good governance and ethics in sport and help to combat corruption;
Amendment 92 #
Draft opinion Paragraph 6 6. Calls for a general ban to prevent sportspersons and organisers of sporting events from placing bets on their own
Amendment 93 #
Draft opinion Paragraph 6 6. Calls for a general ban to prevent sportspersons and organisers of sporting events from placing bets on their own matches or events; in this context, emphasises also strict and reliable Member State level age and identity verifications systems;
Amendment 94 #
Draft opinion Paragraph 6 a (new) 6a. Calls for a general ban on betting on events involving minors; believes that operators should not offer bets on tournaments or competitions involving minors;
Amendment 95 #
Draft opinion Paragraph 6 b (new) 6b. Warns that sports betting on parts of events or matches poses a risk to the integrity of sports;
Amendment 96 #
Draft opinion Paragraph 6 a (new) 6a. Encourages Member States to consider a ban on all forms of spot fixing, such as gambling on corner kicks, free kicks, throw-ins and yellow cards, as these has proven to be very vulnerable to match-fixing;
Amendment 97 #
Draft opinion Paragraph 7 7.
Amendment 98 #
Draft opinion Paragraph 7 7. Recommends that cooperation and information exchange between Member States, their regulatory bodies, sports associations, international sporting organisations, Europol and Eurojust be reinforced to combat criminal activities in cross-border online gambling activities.
Amendment 99 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Council to proceed in a swift and ambitious manner with the negotiations on the Commission proposal for a Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing[1] to address the exploitation of online sports betting activities by criminal interests for money laundering purposes; [1] COM(2013)0045
source: PE-507.969
2013/04/18
IMCO
425 amendments...
Amendment 1 #
Motion for a resolution Citation 1 a (new) - having regard to the Nicosia Declaration of 20 September 2012 on the Fight Against Match-Fixing,
Amendment 10 #
Motion for a resolution Citation 3 c (new) - having regard to the preparatory action entitled 'European Partnerships on Sport' and in particular to the assembling of projects focusing on the prevention of match-fixing incidents through the provision of education and information to relevant stakeholders,
Amendment 100 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level and to take steps to combat the supply of illegal online gambling services, while observing the basic EU Treaty principles;
Amendment 101 #
Motion for a resolution Paragraph 1 1. Recognises that
Amendment 102 #
Motion for a resolution Paragraph 1 1. Recognises that
Amendment 103 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States, in line with the subsidiarity principle, have the right to determine how the offer of
Amendment 104 #
Motion for a resolution Paragraph 1 1. Recognises that
Amendment 105 #
Motion for a resolution Paragraph 1 1. Recognises that, under the principle of subsidiarity, the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, retaining the exclusive right to impose all measures they consider necessary to contain illegal online gambling so as to enforce national legislation and deprive illegal operators of market access, while observing the basic EU Treaty principles;
Amendment 106 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States have the primary right to determine how the offer of online gambling services is to be organised
Amendment 107 #
Motion for a resolution Paragraph 1 1. Recognises that
Amendment 108 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles; notes at the same time the need for a more uniform framework in order to address the cross-border nature of online gambling;
Amendment 109 #
Motion for a resolution Paragraph 1 a (new) 1a. Recognises that Member States have the right to determine their approach to internet gambling and to restrict or prohibit the provision of certain services to consumers;
Amendment 11 #
Motion for a resolution Citation 4 a (new) - having regard to the case-law developed by the Court of Justice of the European Union, whereby in the specific area of the organisation of games of chance, the Court notably recognizes consumer protection, the prevention of both fraud and incitement to squander on gaming, as well as the general need to preserve public order as reasons of overriding general interest that may justify restrictions on the freedom to provide services1,
Amendment 110 #
Motion for a resolution Paragraph 1 a (new) 1a. Emphasises that. according to case- law of the European Court of Justice, Member States may only restrict the fundamental freedoms in the single market where justified on grounds related to the general interest and of a non- economic nature, e. g. consumer protection and the prevention of fraud; such restrictive measures must be suitable and proportionate to reach the desired objectives in a consistent and systematic manner and may not discriminate against foreign operators;
Amendment 111 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes that the Commission has sent letters to a number of Member States asking detailed information on their current gambling legislation; Calls on the Commission to continue the dialogue with Member States;
Amendment 112 #
Motion for a resolution Paragraph 1 a (new) 1a. Rejects the establishment of an internal market in online gambling with the supply of cross-border products, and draws attention to the consistent case-law of the Court of Justice of the EU; doubts the added value of an EU directive laying down minimum standards for the protection of gamblers and young people; calls, however, for existing high standards in the Member States to be genuinely enforced, and calls on the supervisory authorities of the Member States to cooperate more intensively in law enforcement;
Amendment 113 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that Member States shall retain the right to impose measures to address illegal online gambling in order to implement national legislation and exclude illegal providers from market access;
Amendment 114 #
Motion for a resolution Paragraph 1 a (new) 1a. Recognises the significance of the revenues from gambling activities for the financing of public interest objectives in the Member States of the European Union in areas such as sport, culture or social causes; underlines further the significance of this sustainable contribution and specific role that should be acknowledged in discussions at the European level;
Amendment 115 #
Motion for a resolution Paragraph 1 a (new) 1a. Believes that the principle of subsidiarity should also apply to sports betting rights;
Amendment 116 #
Motion for a resolution Paragraph 2 Amendment 117 #
Motion for a resolution Paragraph 2 Amendment 118 #
Motion for a resolution Paragraph 2 Amendment 119 #
Motion for a resolution Paragraph 2 Amendment 12 #
Motion for a resolution Citation 4 b (new) - having regard to its resolution of 10 March 2009 on the integrity of online gambling,
Amendment 120 #
Motion for a resolution Paragraph 2 Amendment 121 #
Motion for a resolution Paragraph 2 – subparagraph 1 (new) Reminds the Commission of the delays on certain infringement procedures which, as pointed out by the European Ombudsman, raise the question as to whether the Commission is entitled to delay indefinitely its handling of complaints alleging an infringement of Union law by a Member State;
Amendment 122 #
Motion for a resolution Paragraph 2 – subparagraph 1 (new) 2a. Calls on the Commission, in carrying out the analyses of national regulations, to recognise that Members States are allowed to ensure that a fair share of the benefits of gambling are directed towards the transparent financing of the sports as well as independent sport associations;
Amendment 123 #
Motion for a resolution Paragraph 2 a (new) 2a. Rejects the establishment of an internal market in online gambling with the supply of cross-border products; draws attention to the consistent case-law of the Court of Justice of the EU, according to which organising games of chance is not a normal economic activity which Member States can restrict or prohibit, completely or in part, by means of monopolies or licensing schemes, for imperative reasons of general interest; is therefore in favour of maintaining national authorisation systems and markets, as the large amount of funding invested in popular sport and many other beneficial and charitable activities would be drastically reduced in an internal market with no EU-wide harmonisation of taxes and duties in this area;
Amendment 124 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission, in carrying out the ongoing infringement procedures and the analyses of national regulations, to recognise that Member States are allowed to ensure that a fair share of the benefits of gambling are directed towards the financing of professional and grass- roots sports and the equine sector; calls for the specific features and the sustainable contributions from lotteries to society to be recognised and taken into account in any coordinated approach at EU level;
Amendment 125 #
Motion for a resolution Paragraph 2 b (new) 2b. Doubts the added value which might be provided by a directive laying down EU-wide minimum standards for the protection of gamblers and young people; considers it much more important for existing high standards in the Member States to be effectively enforced, particularly by means of improved law enforcement against operators who do not have the requisite national authorisation or fail to comply with national prohibitions on, for example, particularly dangerous kinds of gambling and games of chance; calls on the supervisory authorities of the Member States to cooperate more intensively in law enforcement;
Amendment 126 #
Motion for a resolution Paragraph 3 Amendment 127 #
Motion for a resolution Paragraph 3 Amendment 128 #
Motion for a resolution Paragraph 3 Amendment 129 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to
Amendment 13 #
Motion for a resolution Citation 4 c (new) - having regard to its resolution of 14 October 2011 on online gambling in the Internal Market,
Amendment 130 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to
Amendment 131 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and to take legal action against
Amendment 132 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out
Amendment 133 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices
Amendment 134 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to
Amendment 135 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to
Amendment 136 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices
Amendment 137 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and to
Amendment 138 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to
Amendment 139 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and
Amendment 14 #
paragraph 67; Case C-42/07Liga Portuguesa, paragraph 56; Joined Cases C 316/07, C 358/07 to C 360/07, C - having regard to its resolution of 11 March 2013 on match-fixing and corruption in sports,
Amendment 140 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue t
Amendment 141 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to continue to carry out effective checks on compliance with
Amendment 142 #
Motion for a resolution Paragraph 3 – point 1 (new) (1) Calls on the Commission to produce an annual scoreboard on Internal Market complaints against Member States' gambling regulation and define and explain the measures the Commission has taken to bring regulation in such Member States in line with the CJEU case law and Internal Market rules;
Amendment 143 #
Motion for a resolution Paragraph 3 – point 2 (new) (2) Notes that even if currently the principle of mutual recognition of licenses on the gambling market does not apply, in keeping with Internal Market principles, a simplified license application procedure should be set up in Member States;
Amendment 144 #
Motion for a resolution Paragraph 3 – point 3 (new) (3) Takes the view that the principle of mutual recognition should apply on gambling licenses in order to facilitate regulated service providers to operate on the Internal Market in line with the principles of the Treaties;
Amendment 145 #
Motion for a resolution Paragraph 3 a (new) 3a. Acknowledges that gambling is not an ordinary economic activity due to its potentially negative social impacts, such as compulsive gambling;
Amendment 146 #
Motion for a resolution Paragraph 3 a (new) 3a. Underlines that, according to the jurisprudence of the European Court of Justice, national monopolies must be subject to strict state control and ensure a particularly high level of consumer protection; activities of monopolies must be coherent with the general interest objectives and reduce gambling opportunities in a consistent manner; calls on the Commission to scrutinise expansionist commercial policies in particular;
Amendment 147 #
Motion for a resolution Paragraph 3 a (new) 3a. Respects the decision by a number of Member States to ban all or certain types of online gambling or to maintain government monopolies in that sector, in accordance with the jurisprudence of the Court of Justice;
Amendment 148 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Member States to activate the discussion on the framework for gambling and betting, both in the group of experts on gambling services set up by the Commission, and at Council level in the competent Council Working Party;
Amendment 149 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission, the Member States and the expert group on gambling services to draw up coordinated measures and strategies, including exchanges of best practice, with a view to looking into and addressing the problem of tax avoidance by authorised operators who provide online gambling services on the EU market but have their registered offices in a tax haven within or outside the EU;
Amendment 15 #
Motion for a resolution Citation 4 e (new) - having regard to the Council conclusions of 10 December 2010 and the progress reports of the French, Swedish, Spanish and Hungarian Presidencies on the framework for gambling and betting in the EU Member States,
Amendment 150 #
Motion for a resolution Paragraph 4 Amendment 151 #
Motion for a resolution Paragraph 4 Amendment 152 #
Motion for a resolution Paragraph 4 Amendment 153 #
Motion for a resolution Paragraph 4 Amendment 154 #
Motion for a resolution Paragraph 4 4. Notes the risks associated with a general prohibition of online gambling services and with excessive restrictions for consumers; calls on the Commission and the Member States to
Amendment 155 #
Motion for a resolution Paragraph 4 4.
Amendment 156 #
Motion for a resolution Paragraph 4 4. Notes the risks
Amendment 157 #
Motion for a resolution Paragraph 4 4.
Amendment 158 #
Motion for a resolution Paragraph 4 4. Notes the risks associated with
Amendment 159 #
Motion for a resolution Paragraph 4 4.
Amendment 16 #
Motion for a resolution Citation 5 a (new) - having regard to the Council conclusions of 10 December 2010 and the progress reports of the French, Swedish, Spanish and Hungarian Council Presidencies on the framework for gambling and betting in the EU Member States,
Amendment 160 #
Motion for a resolution Paragraph 4 4. Notes the risks
Amendment 161 #
Motion for a resolution Paragraph 4 4. Notes the risks
Amendment 162 #
Motion for a resolution Paragraph 4 4.
Amendment 163 #
Motion for a resolution Paragraph 4 4. Notes the risks associated with
Amendment 164 #
Motion for a resolution Paragraph 5 Amendment 165 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States that open up their online gambling
Amendment 166 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States that open up their online gambling market must provide for a transparent procedure for granting permits or licences that is based on objective and non-discriminatory criteria, in full compliance with EU law;
Amendment 167 #
Motion for a resolution Paragraph 5 5. Emphasises that those Member States that choose to open up their online gambling
Amendment 168 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States that open up their online gambling
Amendment 169 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States that open up their
Amendment 17 #
Motion for a resolution Citation 5 b (new) - having regard to its resolution of 10 March 2009 on the integrity of online gambling1,
Amendment 170 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States
Amendment 171 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States that open up their online gambling
Amendment 172 #
Motion for a resolution Paragraph 5 5. Emphasises that Member States
Amendment 173 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses that Member States who are subject to pending infringement procedures may not implement responsive enforcement measures against operators licensed in another Member State for offering gambling services in their jurisdiction;
Amendment 174 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses the importance of jointly defining the notion of legal operators so that Member States only authorize operators who fulfil at least the following requirements and are thus considered to be legal: (a) the operator must have a licence issued in the Member State of the player, (b) the operator seeking authorization in one Member State does not breach the law in any other Member State of the European Union, (c) the operator is in compliance with Union law.
Amendment 175 #
Motion for a resolution Paragraph 5 a (new) 5a. Urges the need to introduce a principle whereby no gambling company can operate in one Member State if the gambling company in question operates in contravention to the laws in any other Member State;
Amendment 176 #
Motion for a resolution Paragraph 5 b (new) 5b. Invites the Member States to oblige the operators working with a licence of the Member States to carry in a prominent position the logo of the regulatory authority on its website;
Amendment 177 #
Motion for a resolution Paragraph 5 b (new) 5b. Welcomes the initiative by the Commission to create an expert group on gambling to exchange experiences and good practices as well as to provide advice and expertise on the preparation of EU initiatives, notably Recommendations on common protection of consumers, responsible advertising and best practices in the prevention and combating of betting related match fixing;
Amendment 178 #
Motion for a resolution Paragraph 5 c (new) 5c. Notes that the availability of the legal and responsible online gambling services may diminish the social costs of the harmful and undesirable effects of gambling activities; (This amendment is similar to original paragraph 10.)
Amendment 179 #
Motion for a resolution Paragraph 6 Amendment 18 #
Motion for a resolution Citation 5 c (new) - having regard to its resolution on match- fixing and corruption in sports2,
Amendment 180 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of
Amendment 181 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the pooling of information and best practice and the flow of data between regulators in the Member States in order to allow for the establishment of a common system for identifying players and of measures to combat the supply of illegal gaming services and to make self-
Amendment 182 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to
Amendment 183 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to facilitate
Amendment 184 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling
Amendment 185 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and
Amendment 186 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to facilitate
Amendment 187 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and
Amendment 188 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to facilitate
Amendment 189 #
Motion for a resolution Paragraph 6 6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in the Member States in order to allow for the
Amendment 19 #
Motion for a resolution Recital - A (new) Amendment 190 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission always to include experts who are specialised in problem and pathological gambling in expert groups and consultations;
Amendment 191 #
Motion for a resolution Paragraph 6 a (new) 6a. Considers that in certain areas such as cooperation between administrations, law enforcement and consumer protection, a coordinated European approach in addition to well-considered national rules would be advisable;
Amendment 192 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission to explore with Member States the possibilities to create EU-wide interoperability between national self-exclusion registers that include personal gambling limits, accessible by national authorities and licensed gambling operators, so that any customer self-excluding or surpassing one's gambling limits at one gambling operator has the opportunity to automatically be excluded from all other licensed gambling operators; (This is paragraph 13 from the original draft report.)
Amendment 193 #
Motion for a resolution Paragraph 6 a (new) 6a. Welcomes the Commission's announcement to explore possibilities offered by the IMI regulation to cover the exchange of information/cooperation between Member States by 2013; in addition, encourages the Commission to envisage the inclusion of gambling in existing legal frameworks for cooperation between national authorities, for instance in the field of consumer protection;
Amendment 194 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the expert group on gambling services and on the Commission to facilitate the flow of data between regulators in the Member States in order to step up the fight against illegal gambling services.
Amendment 195 #
Motion for a resolution Paragraph 6 a (new) 6a. Emphasises the need for all Member States to closely cooperate in order to jointly address the challenges posed by the inherently cross border nature of online gambling, such as the identification of illegal online operators and the fight against money laundering;
Amendment 196 #
Motion for a resolution Paragraph 6 α (new) 6a. Stresses the need for closer cooperation between the Member States, particularly with regard to consumer protection and measures to thwart illegal operators;
Amendment 197 #
Motion for a resolution Paragraph 6 b (new) 6b. Takes the view that common standards for online gambling should address the rights and obligations of the service provider and the consumer; including ensuring a high level of protection for players, particularly minors and other vulnerable persons and; Encourages the European gambling operators' associations to develop and adopt self- regulatory codes of conduct, including inter alia the obligation to observe the laws in all Member States and rules to avoid inappropriate advertisement; (This is paragraph 15 from the original draft report.)
Amendment 198 #
Motion for a resolution Paragraph 6 b (new) Is of the opinion that cooperation and the exchange of best practice between national experts from the social and health spheres who specialise in pathological and problem gambling should be strengthened at European level;
Amendment 199 #
Motion for a resolution Paragraph 6 c (new) 6c. Calls on the expert group on gambling services and the Commission to facilitate as much as possible the flow of data amongst Member State's regulators in order to render possible the establishment of efficient, obligatory and reliable systems of identification of players, enforcement measures against illegal operators, white lists and black lists, and self exclusion mechanisms that include personal gambling limits, applicable throughout the EU;
Amendment 2 #
Motion for a resolution Citation 1 a (new) - having regard to its resolution on match- fixing and corruption in sports (2013/2567(RSP),
Amendment 20 #
Motion for a resolution Recital - A a (new) - Aa. whereas the Article 169 of the TFEU obliges the EU to ensure high consumer protection;
Amendment 200 #
Motion for a resolution Paragraph 7 Amendment 201 #
Motion for a resolution Paragraph 7 Amendment 202 #
Motion for a resolution Paragraph 7 7. Encourages the Member States, in the context of the expert group, to work in close cooperation with the Commission and with each other to coordinate steps to combat the unauthorised supply of cross- border gambling services and to implement the action plan of the Communication on online gambling;
Amendment 203 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission to arrange for the expert group to benefit from the broadest expertise possible in the development of its work, including consultations on best practices with well- regulated third countries and gambling operators where appropriate;
Amendment 204 #
Motion for a resolution Paragraph 8 Amendment 205 #
Motion for a resolution Paragraph 8 Amendment 206 #
Motion for a resolution Paragraph 8 Amendment 207 #
Motion for a resolution Paragraph 8 Amendment 208 #
Motion for a resolution Paragraph 8 8. Stresses the importance of
Amendment 209 #
Motion for a resolution Paragraph 8 8. Stresses the importance for the expert group to work towards removing unnecessary administrative burdens within national licensing systems that prevent legal online operators from
Amendment 21 #
Motion for a resolution Recital - A b (new) - Ab. whereas the online gambling sector is different from other sectors on account of the risks involved in terms of protecting consumers from addiction and fraud and fighting against organised crime such as money-laundering and match-fixing;
Amendment 210 #
Motion for a resolution Paragraph 8 8. Stresses the importance for the expert group to work towards removing unnecessary administrative burdens that
Amendment 211 #
Motion for a resolution Paragraph 8 8. Stresses the importance for the expert group to work towards more transparent procedures and removing unnecessary administrative burdens in Member States that prevent legal online operators from offering their services to consumers;
Amendment 212 #
Motion for a resolution Paragraph 8 8. Stresses the importance of
Amendment 213 #
Motion for a resolution Paragraph 8 8.
Amendment 214 #
Motion for a resolution Paragraph 8 8. Stresses the importance for the expert group to work towards removing duplication and unnecessary administrative burdens that prevent legal online operators from offering their services to consumers;
Amendment 215 #
Motion for a resolution Paragraph 8 8. Stresses the importance for the expert group to work towards the protection of citizens against gambling addictions, whilst removing unnecessary administrative burdens that prevent legal online operators from offering their services
Amendment 216 #
Motion for a resolution Paragraph 8 8. Stresses the importance for the expert group to work towards removing unnecessary administrative burdens within each licensing system that prevent legal online operators from offering their services to consumers, meanwhile the reduction in administrative burdens must never compromise the protection of the consumers;
Amendment 217 #
Motion for a resolution Paragraph 8 8. Stresses the importance for th
Amendment 218 #
Motion for a resolution Paragraph 8 8.
Amendment 219 #
Motion for a resolution Paragraph 8 8. Stresses the importance for
Amendment 22 #
Motion for a resolution Recital - A c (new) - Ac. whereas online gambling, if not properly regulated, may involve a greater risk of addiction than traditional offline gambling, owing inter alia to increased ease of access and the absence of social control;
Amendment 220 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes that self-regulatory initiatives can serve as good contributions for identifying the content of common standards; Reaffirms its position that, in as sensitive area as gambling, industry self-regulation can only complement but not replace national regulations; (This is paragraph 19 from the original draft report.)
Amendment 221 #
Motion for a resolution Paragraph 9 Amendment 222 #
Motion for a resolution Paragraph 9 Amendment 223 #
Motion for a resolution Paragraph 9 Amendment 224 #
Motion for a resolution Paragraph 9 Amendment 225 #
Motion for a resolution Paragraph 9 9. Believes that national regulatory authorities should be able to
Amendment 226 #
Motion for a resolution Paragraph 9 9.
Amendment 227 #
Motion for a resolution Paragraph 9 9.
Amendment 228 #
Motion for a resolution Paragraph 9 9.
Amendment 229 #
Motion for a resolution Paragraph 9 9. Believes that the competent national regulatory authorities should be able to
Amendment 23 #
Motion for a resolution Recital - A d (new) - Ad. whereas, on these grounds, online gambling is an economic activity of special nature, wherefore certain internal market rules, including the freedom of establishment and the freedom to provide services, and the principle of mutual recognition, do not preclude a sufficient degree of latitude to determine, inter alia, necessary measures for the protection of players;
Amendment 230 #
Motion for a resolution Paragraph 9 9. Believes that
Amendment 231 #
Motion for a resolution Paragraph 9 9. Believes that the competent national regulatory authorities should be able to
Amendment 232 #
Motion for a resolution Paragraph 9 a (new) 9a. Recommends the introduction of uniform and pan-European common standards for electronic identification and cross border e-verification services; (This is paragraph 16 in the original draft report.)
Amendment 233 #
Motion for a resolution Paragraph 9 a (new) 9a. Notes that certain countries of the Union may wish to continue to work more closely together in order to address cross- border challenges related to gambling more effectively in the near future; invites those countries to consider the possibility of enhanced cooperation, as set out in Article 20 TEU and Articles 326-334 TFEU;
Amendment 234 #
Motion for a resolution Paragraph 9 a (new) 9a. Is aware of the importance of revenues stemming from traditional gambling activities for sport and other charity purposes; states that further development of online gambling activities should not in any way reduce these revenues;
Amendment 235 #
Motion for a resolution Subheading 3 Amendment 236 #
Motion for a resolution Paragraph 10 Amendment 237 #
Motion for a resolution Paragraph 10 Amendment 238 #
Motion for a resolution Paragraph 10 10.
Amendment 239 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a fair offer of gambling services, defined by each Member State, is necessary for consumer protection, because in its absence consumers are more likely to turn to
Amendment 24 #
Motion for a resolution Recital A A. whereas, in
Amendment 240 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a fair offer of gambling services
Amendment 241 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a
Amendment 242 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a fair offer of gambling services is necessary for consumer protection, because in its absence consumers are more likely to turn to
Amendment 243 #
Motion for a resolution Paragraph 10 10.
Amendment 244 #
Motion for a resolution Paragraph 10 10.
Amendment 245 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that
Amendment 246 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a
Amendment 247 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a
Amendment 248 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a fair offer of gambling services
Amendment 249 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a fair offer of gambling services, as defined by each Member State, is necessary for consumer protection, because in its absence consumers are more likely to turn to
Amendment 25 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States
Amendment 250 #
Motion for a resolution Paragraph 10 10. Agrees with the Commission that a fair offer of gambling services as specified by each Member State is necessary for consumer protection, because in its absence consumers are more likely to turn to unreliable gambling websites;
Amendment 251 #
Motion for a resolution Paragraph 10 a (new) 10a. Notes that since there is no protection of minors and vulnerable consumers against advertising by online gambling operators shown during the day in connection to sport events, strict rules to limit the amount of advertising of online gambling operators must be established;
Amendment 252 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission and the Member States to lay down EU-wide uniform rules on client identification in the online gambling sector in order to prevent participation by minors and ensure the effectiveness of rules which prohibit gambling, with the specific aim of protecting consumers and fighting crime;
Amendment 253 #
Motion for a resolution Paragraph 10 a (new) 10a. Considers the initiative to adopt a Recommendation on consumer protection a pragmatic step in the right direction, given the large differences between national systems; reiterates its claim that, given the cross-border nature of the internet, there is a clear need for common consumer protection standards in the internal market; calls on the Commission to critically assess, after two years, whether the implemented actions have been effective and whether additional, possibly legislative measures are required at EU level;
Amendment 254 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Member States to take action to combat, in a meaningful manner, illegal online gambling and games of chance; advocates, therefore, the introduction of a regulatory principle whereby an online gambling operator may only operate in a Member State if its activities do not contravene the law in any other Member State;
Amendment 255 #
Motion for a resolution Paragraph 10 a (new) 10a. Believes there to be a dangerous link between severe economic hardship and high levels of gambling; stresses that the present extremely harsh social and economic climate has been instrumental in a huge upsurge in gambling, in particular among the poorest sections of society, and that there is therefore a need for close, ongoing monitoring of levels of gambling addiction and problem gambling;
Amendment 256 #
Motion for a resolution Paragraph 10 b (new) 10b. Stresses the need to raise consumers’ awareness of the distinction between legal and illegal gambling and of the risks that illegal gambling poses to them; calls, therefore, on the Commission to promote the exchange of good practices between Member States concerning the establishment of blacklists of illegal operators and ‘whitelists’ of legitimate operators on their territory;
Amendment 257 #
Motion for a resolution Paragraph 11 Amendment 258 #
Motion for a resolution Paragraph 11 Amendment 259 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore measures at the EU level to protect vulnerable consumers, including formalised cooperation between regulators
Amendment 26 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States
Amendment 260 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore
Amendment 261 #
Motion for a resolution Paragraph 11 11. Calls on the
Amendment 262 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore
Amendment 263 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore
Amendment 264 #
Motion for a resolution Paragraph 11 11.
Amendment 265 #
Motion for a resolution Paragraph 11 11. Calls on the Commission
Amendment 266 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore measures at the EU level to protect vulnerable consumers, including
Amendment 267 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore
Amendment 268 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 269 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to continue to explore measures at the EU level to protect vulnerable consumers, including
Amendment 27 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States
Amendment 270 #
Motion for a resolution Paragraph 11 – point 1 (new) (1) Calls on the Commission to consider proposals on consumer protection legislation, at least requiring operators on the Internal Market to provide facilities that allow consumers to manage their gambling by methods, including self- exclusion and time or loss limits;
Amendment 271 #
Motion for a resolution Paragraph 11 a (new) 11a. Highlights the importance of ensuring that a significant share of gambling revenue continues to flow to social and socio-economic causes of public interest in the Member States; emphasises the contribution that lotteries and casinos make in this connection, and notes that any European approach to the gambling sector must take due account of this specific aspect;
Amendment 272 #
Motion for a resolution Paragraph 11 a (new) 11a. Reaffirms that protecting consumers, notably by preventing underage gambling and safeguarding vulnerable persons, as well as curbing compulsive gambling, for example by introducing online gambling moderators, should be the first and foremost objective of any EU common action in the online gambling sector;
Amendment 273 #
Motion for a resolution Paragraph 11 a (new) 11a. Asks the Commission to study what could be done to stop the practice that some companies based in another Member State market online-gambling services for example via satellite-tv or advertisement campaigns in a Member State where they are not licensed to offer their services;
Amendment 274 #
Motion for a resolution Paragraph 11 a (new) 11a. Believes that gambling advertising often paints a distorted, misleading picture and can result in unhealthy or harmful behaviour; takes the view, therefore, that such advertising needs to be more responsible and should be regulated in order to mitigate its most damaging effects, which are felt first and foremost by the most vulnerable sections of society;
Amendment 275 #
Motion for a resolution Paragraph 11 a (new) 11a. Believes that gambling advertising often paints a distorted, misleading picture and can result in unhealthy or harmful behaviour; takes the view, therefore, that such advertising needs to be more responsible and should be regulated in order to mitigate its most damaging effects, which are felt first and foremost by the most vulnerable sections of society;
Amendment 276 #
Motion for a resolution Paragraph 12 Amendment 277 #
Motion for a resolution Paragraph 12 12. Believes that the unquantifiable sc
Amendment 278 #
Motion for a resolution Paragraph 12 12. Believes that the unquantifiable scope of compulsive gambling and gambling- related problems points to the need for additional research and data, and therefore calls on all Member States to carry out further studies to understand problem gambling and its social costs;
Amendment 279 #
Motion for a resolution Paragraph 12 12. Believes that
Amendment 28 #
Motion for a resolution Recital A A. whereas
Amendment 280 #
Motion for a resolution Paragraph 12 12.
Amendment 281 #
Motion for a resolution Paragraph 12 12.
Amendment 282 #
Motion for a resolution Paragraph 12 12.
Amendment 283 #
Motion for a resolution Paragraph 12 12. Believes that
Amendment 284 #
Motion for a resolution Paragraph 12 12. Believes that
Amendment 285 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls for the strict regulation or the prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling;
Amendment 286 #
Motion for a resolution Paragraph 12 a (new) 12a. Recommends that the Member States set a minimum percentage of gambling revenues to be redistributed to organisations which seek to prevent, or which provide counselling on, addiction;
Amendment 287 #
Motion for a resolution Paragraph 12 a (new) 12a. Recommends the establishment of an addiction prevention fund and addiction prevention contributions for gambling operators of 1-3 per cent of their annual turnover;
Amendment 288 #
Motion for a resolution Paragraph 12 a (new) 12a. Believes that the nature of online gambling and its easy accessibility may make it more difficult for players to realise how much they are losing, and accordingly considers that strict limits should be placed on deposits and spending;
Amendment 289 #
Motion for a resolution Paragraph 12 a (new) 12a. Believes that the nature of online gambling and its easy accessibility may make it more difficult for players to realise how much they are losing, and accordingly considers that strict limits should be placed on deposits and spending;
Amendment 29 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States
Amendment 290 #
Motion for a resolution Paragraph 13 Amendment 291 #
Motion for a resolution Paragraph 13 Amendment 292 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to
Amendment 293 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to consider legislation to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators; stresses that the principle of self-exclusion must be supplemented by simple access to information on specialist help and special advisory agencies in the Member States;
Amendment 294 #
Motion for a resolution Paragraph 13 13. Calls on the Commission
Amendment 295 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to
Amendment 296 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to
Amendment 297 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to consider legislation to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators; furthermore calls the Commission to provide an EU-wide self-exclusion register including customer information concerning the money amount gambled, loss and wins as well as the total time of play;
Amendment 298 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to
Amendment 299 #
Motion for a resolution Paragraph 13 13. Calls on the Commission, in cooperation with the Member States, to consider legislation to create an EU-wide self-
Amendment 3 #
Motion for a resolution Citation 1 a (new) - having regard to the relevant case law of the Court of Justice of the European Union, including the application and interpretation of the principles of transparency, mutual recognition, equal treatment and legal certainty through such case law[1], [1] In particular the judgments in the following cases: Schindler 1994 (C- 275/92), Gebhard 1995 (C-55/94), Läärä 1999 (C-124/97), Zenatti 1999 (C-67/98), Anomar 2003 (C-6/01), Gambelli 2003 (C- 243/01), Lindman 2003 (C-42/02), Fixtures Marketing Ltd v OPAP 2004 (C- 444/02), Fixtures Marketing Ltd v Svenska Spel AB 2004 (C-338/02), Fixtures Marketing Ltd v Oy Veikkaus Ab 2005 (C-46/02), Stauffer 2006 (C-386/04), Unibet 2007 (C-432/05), Placanica and others 2007 (C-338/04, C-359/04 and C- 360/04), Kommission v Italien 2007 (C- 206/04), Liga Portuguesa de Futebol Profissional 2009 (C-42/07), Ladbrokes 2010 (C-258/08), Sporting Exchange 2010 (C-203/08), Sjöberg and Gerdin 2010 (C- 447/08 and C-448/08), Markus Stoß and others 2010 (C-316/07, C-358/07, C- 359/07, C-360/07, C-409/07 and C- 410/07), Carmen Media 2010 (C-46/08) and Engelmann 2010 (C-64/08), Zeturf case C-212/08, 2011, Dickinger and Ömer (C-347/09), 2011, joined Fortuna case (C- 213/11, C-214/11, C-217/11) 2012, HIT and HIT Larix case (C-176/11), 2012, OPAP joined Cases C-186/11 and C- 209/11, 2013,
Amendment 30 #
Motion for a resolution Recital A A. whereas
Amendment 300 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to
Amendment 301 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to
Amendment 302 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to consider legislation to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators; calls on the Commission to encourage the exchange of experience and best practice in the field of assistance for compulsive gamblers;
Amendment 303 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to consider legislation to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer
Amendment 304 #
Motion for a resolution Paragraph 13 – subparagraph 1 (new) In order to make aware consumers about their own gambling activity, this register should show to the consumer all these information related to her/his gambling history at any time she/he starts to play;
Amendment 305 #
Motion for a resolution Paragraph 13 a (new) 13a. Recommends that a clear distinction be made between gambling activities and other forms of online entertainment; services which combine distinguishing features of the gambling sector must fall under appropriate gambling legislation and fully respect age and identity verification mechanisms;
Amendment 306 #
Motion for a resolution Paragraph 13 a (new) 13a. Believes that a special effort needs to be made to protect minors and that rules on checking the age and identity of players should be introduced, so as to make it impossible for minors to access online gambling services;
Amendment 307 #
Motion for a resolution Paragraph 13 a (new) 13a. Believes that a special effort needs to be made to protect minors and that rules on checking the age and identity of players should be introduced, so as to make it impossible for minors to access online gambling services;
Amendment 308 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission to continue to explore measures at European level to enhance the protection of consumers by providing them with adequate information about the legal gambling services available, including formalised cooperation between regulators and the introduction of an on-line trustmark for legal operators which would require them to explicitly state the jurisdiction in which they are licensed;
Amendment 309 #
Motion for a resolution Paragraph 14 Amendment 31 #
Motion for a resolution Recital A A. whereas,
Amendment 310 #
Motion for a resolution Paragraph 14 Amendment 311 #
Motion for a resolution Paragraph 14 14. Notes that
Amendment 312 #
Motion for a resolution Paragraph 14 14. Notes that
Amendment 313 #
Motion for a resolution Paragraph 14 14.
Amendment 314 #
Motion for a resolution Paragraph 14 14. Notes that
Amendment 315 #
Motion for a resolution Paragraph 14 14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)
Amendment 316 #
Motion for a resolution Paragraph 14 14.
Amendment 317 #
Motion for a resolution Paragraph 14 14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)
Amendment 318 #
Motion for a resolution Paragraph 14 14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)
Amendment 319 #
Motion for a resolution Paragraph 14 14. Notes that
Amendment 32 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain
Amendment 320 #
Motion for a resolution Paragraph 14 14. Notes that
Amendment 321 #
Motion for a resolution Paragraph 14 14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)
Amendment 322 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on the Commission to consider implementing a compulsory third party identification control to exclude minors or individuals using fake identities from playing. This could inter alia be a control of social security number, bank account information or other unique identifier. This identification should take place before any gambling activity takes place;
Amendment 323 #
Motion for a resolution Paragraph 14 a (new) 14a. Considers EU-wide regulation of gambling to be necessary in order to harmonise the various national systems currently in place, making public health a priority and ensuring that gambling services are highly transparent and that players are afforded a high level of protection; believes that such regulation should include provisions restricting advertising and making it more responsible, robust player registration and identification systems, controls on financial transactions and restrictions on the granting of credit;
Amendment 324 #
Motion for a resolution Paragraph 14 b (new) 14b. Believes that the software used for online gambling services should be made more secure and that common minimum certification requirements should be laid down in order to ensure that uniform parameters and standards are used;
Amendment 325 #
Motion for a resolution Paragraph 15 Amendment 326 #
Motion for a resolution Paragraph 15 15. Takes the view that common standards for online gambling should
Amendment 327 #
Motion for a resolution Paragraph 15 15. Takes the view that
Amendment 328 #
Motion for a resolution Paragraph 15 15. Takes the view that
Amendment 329 #
Motion for a resolution Paragraph 15 15. Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, including by means of measures to ensure a high level of protection for players, particularly minors and other vulnerable persons
Amendment 33 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States
Amendment 330 #
Motion for a resolution Paragraph 15 15. Takes the view that common standards for online gambling
Amendment 331 #
Motion for a resolution Paragraph 15 15. Takes the view that common
Amendment 332 #
Motion for a resolution Paragraph 15 15.
Amendment 333 #
Motion for a resolution Paragraph 15 15. Takes the view that
Amendment 334 #
Motion for a resolution Paragraph 15 15. Takes the view that common standards for online gambling should address the rights
Amendment 335 #
Motion for a resolution Paragraph 15 15. Takes the view that common standards for online gambling
Amendment 336 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to include in its Recommendation that gambling operators should be obliged to actively promote the use of self-restrictions at the time of registration as well as in case of repeated losses; furthermore the number of gaming accounts should be limited to one per operator;
Amendment 337 #
Motion for a resolution Paragraph 15 a (new) 15a. Stresses that restricting certain kinds and means of dissemination of advertising is crucial in order to stop people under 18 from gambling and prevent the rise of problem or pathological gambling;
Amendment 338 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to include in its recommendations on responsible gambling advertising a ban on advertising for online gambling services aimed at minors; in particular on social media;
Amendment 339 #
Motion for a resolution Paragraph 15 a (new) 15a. Encourages providers of online gambling services to clearly and unambiguously communicate the risks of gambling to all users;
Amendment 34 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity,
Amendment 340 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on Member States and operators to encourage responsible advertising in relation to on-line gambling; calls on the Commission to encourage the exchange of best practice and examine the possibility of drawing up a code of good conduct or minimum European rules on the subject;
Amendment 341 #
Motion for a resolution Paragraph 15 b (new) 15b. Welcomes the Commission's initiative to adopt a Recommendation on responsible gambling advertising; calls on the Commission to take into account the fact that minors are normally not a target group for gambling advertising, as they are not entitled to gamble by law; recommends that advertising should not be displayed in relation to content that is specifically targeted at minors;
Amendment 342 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls for the introduction of common minimum requirements for advertising online gambling in order to protect vulnerable groups of consumers;
Amendment 343 #
Motion for a resolution Paragraph 15 c (new) 15c. Takes the view that advertising must be carried out in a socially responsible way and should, inter alia, include a clear warning about the consequences of pathological gambling;
Amendment 344 #
Motion for a resolution Paragraph 15 c (new) 15c. Calls for the future recommendation on responsible gambling advertising to include common minimum standards which provide sufficient protection for vulnerable consumers while preserving the possibility for gambling operators to sponsor international sports events;
Amendment 345 #
Motion for a resolution Paragraph 15 d (new) 15d. Calls on the Commission to work together with experts in problem and pathological gambling in order to investigate the possibility of restricting certain kinds of advertising; takes the view that a ban on misleading advertising, crediting bonuses or boosting demand by involving players who are already registered would help to protect minors and other vulnerable groups;
Amendment 346 #
Motion for a resolution Paragraph 16 Amendment 347 #
Motion for a resolution Paragraph 16 Amendment 348 #
Motion for a resolution Paragraph 16 16. Recommends the introduction of uniform and pan-European common standards for electronic identification and cross border e-verification services;
Amendment 349 #
Motion for a resolution Paragraph 16 16. Recommends th
Amendment 35 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States
Amendment 350 #
Motion for a resolution Paragraph 16 16. Recommends th
Amendment 351 #
Motion for a resolution Paragraph 16 16. Recommends the introduction of uniform and pan-European common standards for
Amendment 352 #
Motion for a resolution Paragraph 16 16. Recommends the introduction of uniform and pan-European common security standards for electronic identification and cross border e- verification services; notes that the different registration procedures across the EU
Amendment 353 #
Motion for a resolution Paragraph 16 16. Recommends the
Amendment 354 #
Motion for a resolution Paragraph 16 16. Recommends the introduction of
Amendment 355 #
Motion for a resolution Paragraph 16 16. Recommends the
Amendment 356 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls for customer support always to be made available in a player’s mother tongue and all texts to be written by native speakers of the relevant languages;
Amendment 357 #
Motion for a resolution Paragraph 16 a (new) 16a. Stresses that the expert group on gambling services should make particular effort to protect minors and limit as much as possible their access to online gambling sites;
Amendment 358 #
Motion for a resolution Paragraph 16 a (new) 16a. Underlines that consumer protection measures, which only apply to legal operators and their consumers, should be flanked by a combination of preventive and responsive enforcement measures to reduce the contact of citizens to unauthorised operators; calls on the Commission to explore the option of a legally binding instrument obliging banks, credit card issuers and other payment system participants in the EU to block, on the basis of national white lists, transactions between their clients and gambling providers that are not licensed in their jurisdiction, without hindering legitimate transactions;
Amendment 359 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on Member States to take more action in order to prevent illegal gambling providers to offer their services online, for example by blacklisting illegal gambling providers in order to ban banks and credit card companies from allowing any transaction between their clients and the illegal gambling providers;
Amendment 36 #
Motion for a resolution Recital A A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discretion to regulate online gambling in accordance with their own values and pursued objectives of general interest, as well as their own level of protection of consumers;
Amendment 360 #
Motion for a resolution Paragraph 16 a (new) 16a. Underlines the need to implement strict and reliable age and identity verifications, as well as implementation of strict loss limits set by the player himself before any gaming; stresses the importance of a strong identification procedures especially in order to prevent minors and other vulnerable players from accessing online gambling products;
Amendment 361 #
Motion for a resolution Paragraph 16 a (new) 16a. Stresses the importance of funding from gambling for public interest causes, calls for the specific features and the sustainable contributions from lotteries to society to be recognised and taken into account in any coordinated approach at EU level;
Amendment 362 #
Motion for a resolution Paragraph 16 a (new) 16a. Recommends the strict regulation of or a ban on dangerous forms of gambling, following an assessment to be carried out in each Member State;
Amendment 363 #
Motion for a resolution Paragraph 16 a (new) 16a. Believes that steps should be taken to bring national tax regimes for gambling services into line with one other, in order to prevent disproportionate tax concessions from fostering the proliferation and concentration of online gambling services;
Amendment 364 #
Motion for a resolution Paragraph 16 a (new) 16a. Believes that steps should be taken to bring national tax regimes for gambling services into line with one other, in order to prevent disproportionate tax concessions from fostering the proliferation and concentration of online gambling services;
Amendment 365 #
Motion for a resolution Paragraph 16 a (new) 16a. Welcomes the extension of the scope of the Anti-Money-Laundering Directive to explicitly include all forms of gambling based on a risk-based approach; calls on the Commission to ensure a consistent application of the provisions across the European Union, taking into account the necessity to assess risks on factual grounds;
Amendment 366 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls for the strict regulation or the prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling;
Amendment 367 #
Motion for a resolution Paragraph 17 Amendment 368 #
Motion for a resolution Paragraph 17 Amendment 369 #
Motion for a resolution Paragraph 17 17. Stresses the fact that online gambling is a non-cash-based environment and that – given the dependency on third-party financial service providers – additional safeguards against money laundering
Amendment 37 #
Motion for a resolution Recital A a (new) Aa. whereas Member States are allowed to choose their own regulatory model for regulating online gambling, such legislation must be proportionate, consistent, transparent, and non- discriminatory;
Amendment 370 #
Motion for a resolution Paragraph 17 17.
Amendment 371 #
Motion for a resolution Paragraph 17 17. Stresses the fact that online gambling
Amendment 372 #
Motion for a resolution Paragraph 17 17.
Amendment 373 #
17. Stresses the fact that online gambling is a
Amendment 374 #
Motion for a resolution Paragraph 17 a (new) 17a. Observes that the substantial turnover on the online gambling market is attractive to organised crime and makes the sector vulnerable to crimes such as fraud and money laundering; stresses that match-fixing, corruption and illegal betting are a global problem and must be combated internationally, and offenders prosecuted, in a consistent manner by means of criminal law;
Amendment 375 #
Motion for a resolution Paragraph 17 a (new) 17a. Emphasises that solid registration and unambiguous verification systems are key tools in preventing any misuse of online gambling, such as money laundering; identity verification can take advantage of already existing and developing online structures, such as bank and credit card online verification systems;
Amendment 376 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls upon the competent national authorities to ensure that any transaction suspected of being potentially connected to money laundering or other criminal activity is reported in compliance with the Third Money Laundering Directive (2005/60/EC);
Amendment 377 #
Motion for a resolution Paragraph 17 a (new) Amendment 378 #
Motion for a resolution Paragraph 17 a (new) 17a. Welcomes the Commission's proposal to extend the scope of the Anti- Money Laundering Directive to cover gambling, with a view to ensuring that more effective action is taken at EU level against this form of crime;
Amendment 379 #
Motion for a resolution Paragraph 17 a (new) Amendment 38 #
Motion for a resolution Recital B B. whereas, owing to its particular nature and the application of the subsidiarity principle, currently the supply of online gambling services is not subject to sector- specific regulation at European Union level, remaining – nevertheless – subject to
Amendment 380 #
Motion for a resolution Paragraph 17 a (new) 17a. Believes there to be a risk of online gambling being used as a means of laundering money and accordingly takes the view that the scope of the directive on prevention of the use of the financial system for the purpose of money laundering should be extended to cover all forms of gambling, including online gambling;
Amendment 381 #
Motion for a resolution Paragraph 17 b (new) 17b. Stresses that it is an absolute necessity to prevent any player from creating more than one gaming account per company;
Amendment 382 #
Motion for a resolution Paragraph 17 b (new) 17b. Calls on the Commission, the Member States and the expert group on gambling services to draw up coordinated measures and strategies, including exchanges of best practice, for looking into, and taking effective action against, infiltration of the online gambling industry by organised criminal gangs;
Amendment 383 #
Motion for a resolution Paragraph 17 c (new) 17c. Insists that a registration process needs to include, as a mandatory feature and set and defined by the player, maximum loss limits covering a certain time period; at minimum level this feature must be present in games with short event frequency;
Amendment 384 #
Motion for a resolution Paragraph 17 d (new) 17d. Takes the view that all the online gambling companies operating in the EU area need to be registered as legitimate entities in the EU;
Amendment 385 #
Motion for a resolution Paragraph 17 e (new) 17e. Stresses that all the Member States have to identify and designate the responsible public authority in charge of monitoring online gambling; the authority will also be authorised to intervene should any suspicious online gambling appear; gaming companies should also be required to inform the authority about any suspicious gaming activity;
Amendment 386 #
Motion for a resolution Paragraph 17 f (new) 17f. Emphasises the need for close cooperation between national and EU authorities in preventing any criminal activity and problem gambling;
Amendment 387 #
Motion for a resolution Paragraph 18 18. Stresses that the fight against match fixing requires more effective cooperation between all stakeholders, including public authorities, law enforcement agencies, the sport industry, gambling operators
Amendment 388 #
Motion for a resolution Paragraph 18 18. Stresses that the fight against match fixing requires more effective cooperation between public authorities, law enforcement agencies, the sport industry, gambling operators and gambling regulators, in view of the transnational nature of match fixing; in particular, it should be ensured that gambling operators involved in illegal activities such as match fixing or betting on competitions in which the participants are primarily minors are identified and prohibited from undertaking these activities;
Amendment 389 #
Motion for a resolution Paragraph 18 18. Stresses that the fight against match fixing requires more effective cooperation between public authorities, law enforcement agencies, the sport industry, gambling operators and gambling regulators, in view of the transnational nature of match fixing; draws attention to the strict prohibition on sportsmen and sportswomen, and their associates, betting on sporting events in which they are involved
Amendment 39 #
Motion for a resolution Recital B B. whereas
Amendment 390 #
Motion for a resolution Paragraph 18 a (new) 18a. Highlights that match fixing must be combated through strict law enforcement, including the inclusion of match fixing as a criminal offence in the jurisdictions of the Member States, as well as through enhanced cooperation between the authorities of the Member States, Europol and Interpol;
Amendment 391 #
Motion for a resolution Paragraph 18 a (new) 18a. Underlines that actions required for an effective fight against match-fixing and other criminal and fraudulent activities in sport concentrate around law enforcement, education and prevention of all stakeholders in sport as well as better governance of sports organizations;
Amendment 392 #
Motion for a resolution Paragraph 18 a (new) 18a. Notes that match fixing occurs in both the offline and the online gambling markets; underlines that in the majority of cases online betting related match fixing occurs through gambling operators established in unregulated markets outside the EU;
Amendment 393 #
Motion for a resolution Paragraph 18 a (new) 18a. Recommends that the Member States set a common minimum percentage of gambling revenues to be redistributed to sports federations that have to ensure sustainable financing for grassroots sport which is evenly distributed between different sports;
Amendment 394 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls for a ban on live sports betting in which gamblers can bet, on-line and anonymously, on constantly-changing odds and events and which as a result is extremely open to manipulation;
Amendment 395 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing;
Amendment 396 #
Motion for a resolution Paragraph 18 a (new) 18a. Emphasizes the key role of prevention in match fixing, in particular the importance of sport actors (athletes, referees, match officials, staff and their entourage) being educated about the risks of match fixing; welcomes in this respect the recent Commission 2012 Preparatory Action which supports transnational educating projects in order to combat match fixing;
Amendment 397 #
Motion for a resolution Paragraph 18 a (new) 18a. Considers that establishing a legal link between sports event organisers and online gambling operators, with a view to exerting an ethical and financial control over bets that are placed on sports events, will help strengthen the integrity of sport;
Amendment 398 #
Motion for a resolution Paragraph 18 a (new) 18a. Regrets that in most Member States the sport sector receives only a low financial return on commercial betting activities although it constitutes the main activity area for online betting; asks the Commission to launch an initiative for the recognition of the property rights of sports competition organisers to be recognised, so that sports federations are ensured a fair financial return; recommends setting a common minimum percentage of sport betting revenues to be redistributed to sports federations, that have to ensure sustainable financing for grassroots sport and solidarity between different sports;
Amendment 399 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on the Member States and sports federations to provide consumers and both amateur and professional sports players with appropriate information and education on integrity in sport; welcomes the Commission’s intention to promote better exchange of good practice in regard to combating match fixing; reiterates that significant progress in this field is expected;
Amendment 4 #
Motion for a resolution Citation 1 b (new) - having regard to the Commission communication of 18 January 2011 entitled 'Developing the European Dimension in Sport' (COM(2011)0012),
Amendment 40 #
Motion for a resolution Recital B B.
Amendment 400 #
Motion for a resolution Paragraph 18 a (new) 18a. Is of the opinion that for there to be concerted action within the European Union effective legal cooperation between Member States needs to be set up and considers that said cooperation ought to lead as a matter of urgency to the establishment of an agency to combat attacks on the integrity of sports competitions and financial regulation of sports at international level;
Amendment 401 #
Motion for a resolution Paragraph 18 b (new) 18b. Stresses that a bottom-up approach, consisting of a dialogue with the athletes, their unions, sports federations and supporters in order to introduce codes of conduct, promote education against match fixing and enhancing the awareness of the issue, must complement the law enforcement approach on the prevention of match fixing;
Amendment 402 #
Motion for a resolution Paragraph 18 b (new) 18b. Recognises that efforts to combat sport organizations' involvement in corrupt activities like match-fixing or money laundering like codes of conduct need to address all stakeholder groups (officials, owners, managers, agents, players, referees and supporters) and all organizations (clubs, leagues, federations, etc.);
Amendment 403 #
Motion for a resolution Paragraph 18 b (new) 18b. Recognises that the provision of sports betting services is a form of commercial use of sports competitions; recommends that Member States should develop models to secure a fair financial return from gambling revenues for the benefit of all levels of professional and amateur sport, but also as a means of strengthening the fight against betting- related match-fixing;
Amendment 404 #
Motion for a resolution Paragraph 18 b (new) 18b. Underlines that improved governance will strengthen sports as well as individual athletes resilience against corruption and fraudulent activities; The implementation of basic principles of good governance, financial and operative transparency and accountability as well as stakeholder involvement are key; Underlines that actions required for an effective fight against match-fixing and other criminal and fraudulent activities in sport must take into account law enforcement, education about the risks related to betting related match-fixing as well as better governance of sports organizations, and should involve all stakeholders;
Amendment 405 #
Motion for a resolution Paragraph 18 b (new) 18b. Calls upon Member States to increase the priority given to corruption in sport in terms of the efficient enforcement of the rule of law;
Amendment 406 #
Motion for a resolution Paragraph 18 b (new) 18b. Calls on the sport federations and gambling operators to include in a Code of Conduct a ban on betting on so called negative events, such as yellow cards or penalty kicks, during a match or event;
Amendment 407 #
Motion for a resolution Paragraph 18 b (new) 18b. Highlights the importance of the support of the European Union to the ongoing work within the Council of Europe towards the negotiation of an international Convention on the Protection and the promotion of sports integrity, and calls on the European Commission to propose a uniform definition of sports fraud as a criminal offence, which should be included in the law of all Member States;
Amendment 408 #
Motion for a resolution Paragraph 18 b (new) 18b. Insist that Member States need to make such fraud a criminal offence in order to effectively penalise the manipulation of betting and sports results;
Amendment 409 #
Motion for a resolution Paragraph 18 b (new) 18b. Reiterates that the development of the online gaming market should not give rise to a fall in the funding the sports world benefits from via the contribution made by takings from gambling; considers that alternative financing arrangements involving sports betting operators should be studied; calls for balanced solutions – beneficial for both betting providers and sport as a whole – to be found;
Amendment 41 #
Motion for a resolution Recital B B. whereas
Amendment 410 #
Motion for a resolution Paragraph 18 c (new) 18c. Stresses the need of looking into the possibility of a ban on "sport fixing", where it is possible to bet on certain bets during a competition, inter alia the first goal kick, free kick and yellow card in a football match;
Amendment 411 #
Motion for a resolution Paragraph 18 c (new) 18c. Underlines that improved governance will strengthen sports resilience against corruption and fraudulent activities; The implementation of basic principles of good governance, financial and operative transparency and accountability as well as stakeholder involvement, especially with regards to athletes and their associations, are key; recognizes that sustainable financing of sport organizations (clubs, leagues and federations) creates an environment in which match fixing is less likely to occur;
Amendment 412 #
Motion for a resolution Paragraph 18 c (new) 18c. Stresses the need for strengthened cooperation at EU and global level in the fight against match fixing; calls on the Commission to take the lead on the creation of a global platform for the exchange of information and best practices and coordination of joint prevention and enforcement actions between regulators, sports organisations, police and judicial authorities and gambling operators;
Amendment 413 #
Motion for a resolution Paragraph 18 c (new) 18c. Strongly reiterates the need for more coordination at European level by the Commission. Therefore suggests setting up an anti-match-fixing centre with the task of collecting, exchanging, analysing and disseminating information and evidence about match fixing and corruption in sport, in Europe and beyond; This centre should also gather best practices in the fight against sports corruption and promote concepts of good governance in sports;
Amendment 414 #
Motion for a resolution Paragraph 18 c (new) 18c. Calls on Member States, in light of the Council of Europe’s current negotiations on a possible match-fixing convention, to take further measures to prevent match-fixing, which should be dissuasive, effective, proportionate and considered on a case by case basis;
Amendment 415 #
Motion for a resolution Paragraph 18 c (new) 18c. Calls for more cooperation at European level, under the coordination of the European Commission, to identify and prohibit online betting operators engaged in illegal activities such as, inter alia, match-fixing or betting on junior competitions involving minors;
Amendment 416 #
Motion for a resolution Paragraph 18 c (new) 18c. Calls for the adoption at national level of effective measures in order to prevent conflicts of interests, notably by avoiding wagers of all stakeholders from the world of sports on bets organized on competitions in which they are involved; invites Member States to ban the most dangerous forms of betting, in particular betting exchanges and spread betting;
Amendment 417 #
Motion for a resolution Paragraph 18 c (new) 18c. Calls on the European Union explicitly to restrict the most hazardous bets by banning in particular the taking of bets on sports competitions in which only minors take part;
Amendment 418 #
Motion for a resolution Paragraph 18 d (new) 18d. Asks the Commission to strongly encourage all the Member States to explicitly include match-fixing in their national criminal law, to provide for appropriate common minimum sanctions and to ensure that existing loopholes are addressed in a manner that fully respects fundamental rights;
Amendment 419 #
Motion for a resolution Paragraph 18 d (new) 18d. Underlines that the fight against match-fixing and other forms of sport fraud has to be focused on law enforcement, education and prevention as well as good governance of sport bodies;
Amendment 42 #
Motion for a resolution Recital B B. whereas currently the supply of online gambling services is not subject to sector- specific regulation at European Union level, remaining – nevertheless – subject to a number of EU secondary legislative acts such as the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive, the Distance Selling Directive, the Anti-Money Laundering Directive, the Data Protection Directive, the Directive on privacy and electronic communication, and the Directive on the Common System of Value Added Tax;
Amendment 420 #
Motion for a resolution Paragraph 18 d (new) 18d. Recommends adopting common uniform standards at European level for the implementation of player registration and identification procedures that enable forewarning of the risks of fraud and money laundering inherent to online gambling;
Amendment 421 #
Motion for a resolution Paragraph 18 e (new) 18e. Calls on the Commission to assess the risks related to sports betting, such as gambling on corner kicks, free kicks, throw ins and yellow cards;
Amendment 422 #
Motion for a resolution Paragraph 18 e (new) 18e. Calls up the Commission to install a European alert system for betting regulators in order to exchange rapidly information about fixed sporting events;
Amendment 423 #
Motion for a resolution Paragraph 18 e (new) 18e. Supports the negotiations currently underway under the aegis of the Council of Europe on a draft international agreement to prevent manipulation of sports competitions;
Amendment 424 #
Motion for a resolution Paragraph 18 f (new) 18f. Highlights, that match-fixing is not always betting related, and that this non- betting related side to match-fixing, which also poses a problem to the integrity of sports, needs to be addressed as well; (For instance the Italian match-fixing scandal in football which was not betting related, but rather cantered around winning the title and getting the right referees for matches.)
Amendment 425 #
Motion for a resolution Paragraph 19 a (new) 19a. Underlines that certain types of gambling model might pose more risks than others in terms of the integrity of sport and of the person. Calls for the regulation or prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling.
Amendment 43 #
Motion for a resolution Recital B B. whereas
Amendment 44 #
Motion for a resolution Recital B a (new) Ba. whereas Article 56 TFEU guarantees the freedom to provide services and whereas nevertheless, as a consequence of its particular nature, online gambling was exempted from the E-Commerce, Services and Consumer Rights Directives;
Amendment 45 #
Motion for a resolution Recital B a (new) Ba. whereas the fundamental principles of the Internal Market could fully apply to online gambling if it was adequately monitored and regulated;
Amendment 46 #
Motion for a resolution Recital Β a (new) Βa. whereas the online gambling sector differs from other markets on account of the risks involved in terms of consumer protection and the fight against organised crime, as repeatedly acknowledged by the European Court of Justice;
Amendment 47 #
Motion for a resolution Recital B b (new) Bb. whereas gambling represents a considerable source of revenue, which most Member States channel to publicly beneficial, solidarity and charitable purposes such as grassroot sport funding;
Amendment 48 #
Motion for a resolution Recital C Amendment 49 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity, which consequently falls within the scope of fundamental freedoms of the TFEU, notably the free movement of services, and any restrictions imposed thereto need to comply with those provided for by the TFEU, notably under Articles 51 and 52, and whereas, as interpreted by the Court, the imperative reasons of overriding public interest that justify restrictions on this activity include consumer protection and the prevention of both fraud and incitement to squander money on gambling;
Amendment 5 #
Motion for a resolution Citation 1 b (new) - having regard to Union secondary legislation relevant to online gambling, notably the Audiovisual Media Services Directive 2010/13/EU, the Unfair Commercial Practices Directive 2005/29/EC, the Unfair Contract Terms Directive 93/13/EC, the Distance Selling Directive 97/7/EC, the Anti Money Laundering Directive 2005/60/EC, as well as the European Commission's recent proposals to reform the latter by a proposal for a Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and the Proposal for a Regulation on information accompanying transfers of funds, the Data Protection Directive 95/46/EC and proposals for a directive and regulation reforming the latter, and the Directive on the Common System of Value Added Tax 2006/112/EC,
Amendment 50 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is a
Amendment 51 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity
Amendment 52 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity
Amendment 53 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity
Amendment 54 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed th
Amendment 55 #
Motion for a resolution Recital C C. whereas
Amendment 56 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity
Amendment 57 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity
Amendment 58 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union
Amendment 59 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is a
Amendment 6 #
Motion for a resolution Citation 1 c (new) Amendment 60 #
Motion for a resolution Recital C a (new) Ca. whereas the provision of online gambling services is not a conventional sector, for reasons connected to consumer protection rights and the prevention of addiction, as well as the fight against money laundering and organised crime, and should therefore be handled with the utmost sensitivity;
Amendment 61 #
Motion for a resolution Recital C a (new) Ca. whereas games of chance or gambling help finance charitable works and projects in the public interest in most Member States;
Amendment 62 #
Motion for a resolution Recital C a (new) Ca. whereas, now more than ever, the Member States share common general concerns as to the negative social and economic impact of illegal online gambling at national level, their principal objectives being to protect underage and vulnerable members of society and combat addiction, crime and tax evasion;
Amendment 63 #
Motion for a resolution Recital D D. whereas
Amendment 64 #
Motion for a resolution Recital D D. whereas
Amendment 65 #
Motion for a resolution Recital D D. whereas the risks
Amendment 66 #
Motion for a resolution Recital D D. whereas
Amendment 67 #
Motion for a resolution Recital D D. whereas the risks
Amendment 68 #
Motion for a resolution Recital D D. whereas the risks involved in terms of consumer protection
Amendment 69 #
Motion for a resolution Recital D D. whereas the cross-border nature of online gambling, as well as the risks involved in terms of consumer protection, fraud prevention and law enforcement against illegal activities, such as money laundering and match fixing, require coordinated action and a basic legal framework at EU level;
Amendment 7 #
Motion for a resolution Citation 1 d (new) - having regard to its resolution of 15 November 2011 on online gambling in the internal market2,
Amendment 70 #
Motion for a resolution Recital D D. whereas the risks involved in terms of consumer protection, fraud prevention and law enforcement against illegal activities, such as money laundering and match fixing, require
Amendment 71 #
Motion for a resolution Recital E Amendment 72 #
Motion for a resolution Recital E E. whereas it is essential to introduce mechanisms for scrutinising sports competitions and financial flows, along with
Amendment 73 #
Motion for a resolution Recital E a (new) Ea. Whereas a sustainable financing model for the promotion of horseracing and sport and the organisation of sport events, on which bets are placed and gambling operators earn an income, must be ensured;
Amendment 74 #
Motion for a resolution Recital F F. whereas a comprehensive overview of the online gambling
Amendment 75 #
Motion for a resolution Recital F F. whereas a comprehensive overview of the online gambling
Amendment 76 #
Motion for a resolution Recital F F. whereas a comprehensive overview of
Amendment 77 #
Motion for a resolution Recital F F. whereas a comprehensive overview of the online gambling
Amendment 78 #
Motion for a resolution Recital F a (new) Fa. whereas the form taken by advertising for online gambling varies between the Member States or is not regulated at all;
Amendment 79 #
Motion for a resolution Recital F a (new) Amendment 8 #
Motion for a resolution Citation 3 a (new) - having regard to its resolution of 14 March 2013 on match-fixing and corruption in sport,
Amendment 80 #
Motion for a resolution Recital F a (new) Fa. whereas land-based gambling is regulated at national level in all EU Member States and does not fall within the scope of this report;
Amendment 81 #
Motion for a resolution Recital F a (new) Fa. whereas any coordinated initiative at EU level must recognise and take account of the specific features of lotteries and their sustainable contribution to society;
Amendment 82 #
Motion for a resolution Recital F b (new) Fb. whereas the setting of ceilings, improved clarification, self-restricting instruments, information on programmes for prevention and treatment and the regulation of misleading advertisements create the conditions for early intervention in the event of problematic or pathological gambling;
Amendment 83 #
Motion for a resolution Recital F c (new) Fc. whereas gambling is associated with serious negative social phenomena, the consequences and cost of which are more difficult to estimate than the economic benefit gained from the gambling sector;
Amendment 84 #
Motion for a resolution Subheading -1 (new) Specific nature of the online gambling sector and consumer protection (This is the heading of the new first chapter of the report)
Amendment 85 #
Motion for a resolution Paragraph -1 a (new) -1a. Acknowledges that gambling is not an ordinary economic activity due to its potentially negative social impacts, such as compulsive gambling;
Amendment 86 #
Motion for a resolution Paragraph -1 b (new) -1b. Stresses that due to the special nature of the online gambling sector, the protection of human health and consumers should be the main guiding principle when EU-level recommendations and national legislation are made;
Amendment 87 #
Motion for a resolution Paragraph -1 c (new) -1c. Recognizes that special attention has to be paid to the protection of consumers and human health and prevention of harmful effects;
Amendment 88 #
Motion for a resolution Paragraph -1 d (new) -1d. Considers that the main elements to ensure the protection of players should include the following: mechanisms for unambiguous identification of the players, measures to ensure a single account use only, self-imposed gambling limits and self-exclusion mechanisms based of the interoperability of national registers;
Amendment 89 #
Motion for a resolution Paragraph -1 e (new) -1e. Stresses that, on the one hand, providers of online gambling should in all cases respect the national laws of the Member States in which they operate and, on the other hand, that Member States should retain the right to impose restrictions they deem necessary and justified to address illegal online gambling in order to implement national legislation and exclude illegal providers from market access;
Amendment 9 #
Motion for a resolution Citation 3 b (new) - having regard to its resolution of 2 February 2012 on the European dimension in sport,
Amendment 90 #
Motion for a resolution Paragraph -1 f (new) -1f. Calls on the Commission to continue to explore actions at the EU level to protect vulnerable consumers, including cooperation between national competent authorities; (This is paragraph 11 of the original draft report.)
Amendment 91 #
Motion for a resolution Paragraph -1 g (new) - 1g. Stresses that the expert group on gambling services should make particular effort to protect minors and limit as much as possible their access to online gambling sites;
Amendment 92 #
Motion for a resolution Paragraph -1 h (new) -1h. Believes that compulsive gambling requires additional research and data, and therefore calls on all Member States to carry out further studies to understand problem gambling; (This is paragraph 12 from the original draft report.)
Amendment 93 #
Motion for a resolution Paragraph 1 1. Recognises that, in accordance with the subsidiarity principle, the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level and to apply measures against illegal gambling services, while observing the basic EU Treaty principles;
Amendment 94 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States have the right to determine, on grounds of pursuing objectives of general interest, how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles;
Amendment 95 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level,
Amendment 96 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States, in accordance with the principle of subsidiarity, have the right to determine how the offer of
Amendment 97 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles; calls for a regulatory principle whereby a gambling company can only bid for the necessary national licence in a Member State if it does not contravene the law in any other EU Member State;
Amendment 98 #
Motion for a resolution Paragraph 1 1. Recognises that the Member States, in accordance with the principle of subsidiarity, have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles;
Amendment 99 #
Motion for a resolution Paragraph 1 1. Recognises that, based on the principle of subsidiarity, the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles;
source: PE-508.193
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE506.088
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PURPOSE: Commission Communication on a strategy to meet the regulatory and technical challenges of the online gambling sector. CONTENT: online gambling is a fast growing service activity in the EU, with annual growth rates of almost 15% and estimated annual revenues in 2015 in the region of EUR 13 billion, compared to EUR 9.3 billion in 2011. This would represent a total growth rate of almost 40%. It is estimated that about 6.84 million European consumers participate in online gambling. The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks. The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level. Following the Commission Green Paper in 2011 and the European Parliament resolution on online gambling in the internal market, this Communication identifies the key challenges posed by the co-existence of national regulatory frameworks within the internal market. It also seeks to propose answers to these challenges in the form of actions to be taken both at the national and EU level. The paper points out that while Member States are in principle free to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market rules. Ensuring compliance of national law with the Treaty is therefore essential to a successful EU policy on online gambling. In view of the type of challenges posed by the development of online gambling and their implications for each Member State, it is not possible for Member States effectively to address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services. The Communication proposes a combination of initiatives and measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU. (1) Compliance of national regulatory frameworks with EU law: online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. Recent regulatory changes in Member States have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations. Furthermore, cross-border offers are often not authorised under national rules in the recipient Member State. Compliance of these national rules with the Treaty has been challenged in front of national 6 courts and questions on the interpretation of EU law have been referred to the European Court of Justice (ECJ). The ECJ has confirmed that national rules that prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States. They also restrict the freedom of operators established in other Member States to provide gambling services. The national rules in question focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention. While Member States usually offer legitimate reasons for the restriction of cross border gambling services, they must nonetheless demonstrate the necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system. The Commission has launched infringement cases against a significant number of Member States, and will accelerate its assessment of national provisions in the pending infringements cases and complaints and take enforcement action wherever necessary. (2) Enhancing administrative cooperation and efficient enforcement: enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems of others, and to develop closer working relations at the operational level. The Commission will:
Member States are urged to:
(3) Protecting consumers and citizens, minors and vulnerable groups: appropriate action in the EU is needed so as to: (i) draw consumers away from unregulated and potentially harmful offers; (ii) protect minors from accessing gambling facilities, recalling that the protection of minors must be a priority not least because 75% of 6-17 year olds in Europe use the internet; (iii) safeguard other vulnerable groups and (iv) prevent the development of gambling-related disorders, since it can be estimated that between 0.5-3% of the population in the EU suffer from some type of gambling disorder. The paper notes also that responsible advertising is imperative in order to ensure that citizens are aware that:
As a first step the Commission will prepare a Recommendation on common protection of consumers, which should include a set of principles including effective and efficient registration of players, age verification and identification controls in particular in the context of money transactions, reality checks (account activity, warning signs, signposting to helplines), no credit policy, protection of player funds, self-restriction possibilities (time/financial limits, exclusion) as well as customer support and efficient handling of complaints. The Commission will also prepare a Recommendation on responsible gambling advertising in 2013 to ensure that operators authorised in a given Member State advertise gambling in a socially responsible manner and provide key information to consumers. The Commission will, inter alia:
Member States are urged to:
(4) Preventing fraud and money laundering: the main public interest objectives of Member States with regard to public order are the prevention of gambling fraud and money laundering. Credit card fraud and theft of banking credentials are reported to be the most common crime in relation to on-line gambling. Online gambling may also be used for laundering of funds stemming from illegal activities. These criminal offences are often committed cross-border and involve organised crime. The Commission will:
(5) Safeguarding the integrity of sports and preventing match-fixing: betting related match fixing is a specific type of fraud that goes against the interests of sport organisations, sportspeople, players (consumers) and regulated gambling operators. The Commission will develop a Recommendation anti-match fixing measures with a view to:
The Commission will also:
Member States are urged to:
Lastly, the Commission will publish a report within two years, assessing these actions, notably with regard to the objectives of a more effective protection of consumers and deterrence of match-fixing. It will also assess whether these actions provide an adequate EU framework for online gambling or if additional measures, where necessary legislative ones, need to be taken at EU level. New
PURPOSE: Commission Communication on a strategy to meet the regulatory and technical challenges of the online gambling sector. CONTENT: online gambling is a fast growing service activity in the EU, with annual growth rates of almost 15% and estimated annual revenues in 2015 in the region of EUR 13 billion, compared to EUR 9.3 billion in 2011. This would represent a total growth rate of almost 40%. It is estimated that about 6.84 million European consumers participate in online gambling. The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks. The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level. Following the Commission Green Paper in 2011 and the European Parliament resolution on online gambling in the internal market, this Communication identifies the key challenges posed by the co-existence of national regulatory frameworks within the internal market. It also seeks to propose answers to these challenges in the form of actions to be taken both at the national and EU level. The paper points out that while Member States are in principle free to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market rules. Ensuring compliance of national law with the Treaty is therefore essential to a successful EU policy on online gambling. In view of the type of challenges posed by the development of online gambling and their implications for each Member State, it is not possible for Member States effectively to address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services. The Communication proposes a combination of initiatives and measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU. (1) Compliance of national regulatory frameworks with EU law: online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. Recent regulatory changes in Member States have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations. Furthermore, cross-border offers are often not authorised under national rules in the recipient Member State. Compliance of these national rules with the Treaty has been challenged in front of national 6 courts and questions on the interpretation of EU law have been referred to the European Court of Justice (ECJ). The ECJ has confirmed that national rules that prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States. They also restrict the freedom of operators established in other Member States to provide gambling services. The national rules in question focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention. While Member States usually offer legitimate reasons for the restriction of cross border gambling services, they must nonetheless demonstrate the necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system. The Commission has launched infringement cases against a significant number of Member States, and will accelerate its assessment of national provisions in the pending infringements cases and complaints and take enforcement action wherever necessary. (2) Enhancing administrative cooperation and efficient enforcement: enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems of others, and to develop closer working relations at the operational level. The Commission will:
Member States are urged to:
(3) Protecting consumers and citizens, minors and vulnerable groups: appropriate action in the EU is needed so as to: (i) draw consumers away from unregulated and potentially harmful offers; (ii) protect minors from accessing gambling facilities, recalling that the protection of minors must be a priority not least because 75% of 6-17 year olds in Europe use the internet; (iii) safeguard other vulnerable groups and (iv) prevent the development of gambling-related disorders, since it can be estimated that between 0.5-3% of the population in the EU suffer from some type of gambling disorder. The paper notes also that responsible advertising is imperative in order to ensure that citizens are aware that:
As a first step the Commission will prepare a Recommendation on common protection of consumers, which should include a set of principles including effective and efficient registration of players, age verification and identification controls in particular in the context of money transactions, reality checks (account activity, warning signs, signposting to helplines), no credit policy, protection of player funds, self-restriction possibilities (time/financial limits, exclusion) as well as customer support and efficient handling of complaints. The Commission will also prepare a Recommendation on responsible gambling advertising in 2013 to ensure that operators authorised in a given Member State advertise gambling in a socially responsible manner and provide key information to consumers. The Commission will, inter alia:
Member States are urged to:
(4) Preventing fraud and money laundering: the main public interest objectives of Member States with regard to public order are the prevention of gambling fraud and money laundering. Credit card fraud and theft of banking credentials are reported to be the most common crime in relation to on-line gambling. Online gambling may also be used for laundering of funds stemming from illegal activities. These criminal offences are often committed cross-border and involve organised crime. The Commission will:
(5) Safeguarding the integrity of sports and preventing match-fixing: betting related match fixing is a specific type of fraud that goes against the interests of sport organisations, sportspeople, players (consumers) and regulated gambling operators. The Commission will develop a Recommendation anti-match fixing measures with a view to:
The Commission will also:
Member States are urged to:
Lastly, the Commission will publish a report within two years, assessing these actions, notably with regard to the objectives of a more effective protection of consumers and deterrence of match-fixing. It will also assess whether these actions provide an adequate EU framework for online gambling or if additional measures, where necessary legislative ones, need to be taken at EU level. |
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